Reeves v. Wallington et al

Filing 173

ORDER granting 158 Plaintiff's Sealed Motion in Limine. Signed by District Judge Avern Cohn. (JOwe)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

FRED DANIEL REEVES, Plaintiff, Case No. 2:06-cv-10326 v Hon. Avern Cohn DEBORAH WALLINGTON, DAVID SIVIK, KAREN KEDRON, ROBERT DAVIS, KEITH GRANSDEN, RONALD HUGHES, KELLY GOHEEN, Defendants. Magistrate Judge: Michael J. Hluchaniuk

ORDER GRANTING PLAINTIFF'S MOTION IN LIMINE This matter came before the Court on plaintiff's motion in limine with supporting brief (Docket #158), and at the Final Pretrial Conference, and the Court being duly advised, IT IS HEREBY ORDERED that Plaintiff's Motion in Limine is GRANTED. IT IS FURTHER ORDERED that all evidence, argument and references relating to the following are barred and prohibited at trial: A. Other than the one at issue in this case, all complaints, lawsuits and grievances that plaintiff Reeves, or other witnesses plaintiff may call to testify at trial, have filed against the Michigan Department of Corrections ("MDOC") or its employees; All major misconduct reports, disciplinary incidents and records, results of parole board proceedings, or other alleged bad acts of plaintiff Reeves or other witnesses plaintiff may call to testify at trial; and Specific prior convictions of the witnesses plaintiff Reeves may call to testify at trial.

B.

C.

Defendants and their counsel shall not present any evidence, argument or references at trial relating to the above without prior approval of the Court. Defendants contend that evidence of the following

lawsuits filed by plaintiff Reeves may be relevant in this case, and the Court will address these outside of the presence of the jury for a relevancy and admissibility determination if and when defendants' counsel intends to raise them: Fred Reeves #241575 v Smith, et al, USDC-WD Case No. 4:03-cv-50 Fred Reeves #241575 v Jensen, et al, USDC-WD Case No. 5:04-cv-194 Fred Reeves #241575 v Alexander, et al, USDC-WD Case No. 2:07-cv-125 Fred Reeves #241575 v Monroe, et al, USDC-WD Case No. 2:05-cv-169 IT IS FURTHER ORDERED that plaintiff Reeves and the other witnesses that he calls to testify at trial shall not be shackled while in the courtroom. Plaintiff Reeves shall wear civilian clothing at trial while in the courtroom. Plaintiff shall provide an extra copy of plaintiff's motion in limine with supporting brief and its exhibits to the chambers of Judge Cohn.

Dated: March 05, 2009 APPROVED AS TO FORM:
BARRIS, SOTT, DENN & DRIKER, PLLC By: /S/ Todd R. Mendel Todd R. Mendel (P55447) Attorneys for Plaintiff 211 W. Fort Street, 15th Floor Detroit, Michigan 48226-3281 [phone]

s/Avern Cohn Hon. Avern Cohn

By: /S/ Dawn C.M. Jack (w/permission) Dawn C.M. Jack (P64635) Assistant Attorney General Corrections Division Attorneys for Defendants 525 W. Ottawa St. P.O. Box 30217 Lansing, MI 48909 [phone]

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