Snyder v. Phelps et al

Filing 149

MOTION in Limine to Exclude a Portion of Professor Balmer's Expert Report by Albert Snyder. Responses due by 10/22/2007 (Attachments: # 1 Exhibit Balmer Report# 2 Text of Proposed Order)(Summers, Sean)

Snyder v. Phelps et al

Doc. 149 Att. 2

IN THE UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND ALBERT SNYDER, Plaintiff Civil Action No. 06-CV-1389 RDB v. FRED W. PHELPS, SR., SHIRLEY L. PHELPS-ROPER; REBEKAH A. PHELPS-DAVIS; and WESTBORO BAPTIST CHURCH, INC. Defendants ORDER In consideration of Plaintiff's Motion in Limine to exclude a portion of Professor Balmer's expert report, the same is hereby granted, and the following portion of the report of August 6, 2007, (page 2, 4th full paragraph) shall be redacted and withheld from the jury: However, as one of the expert witnesses in the Alabama Ten Commandments case (where I argued for the removal of the monument because it clearly violated the establishment clause of the First Amendment), I felt it was my duty to defend the other part of the First Amendment, the right to freedom of speech and assembly. Therefore, with those caveats in place, I proceed to the substance of my statement. Further, Professor Balmer is hereby precluded from testifying at the trial of this matter concerning the First Amendment of the United States Constitution.

________________________________ Richard D. Bennett United States District Judge Dated: __________________

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