Moore v. Palmer et al

Filing 149

ORDER Granting in Part and Denying in Part Plaintiff's 140 Motion in Limine for Admission of Color Enhanced Photos or Alternatively for Spoilation Instruction. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MAURICE MOORE,
Plaintiff,

Case No. 12-cv-14783
Hon. Matthew F. Leitman

v.
CARMEN PALMER et al.,
Defendants.
_________________________________/

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S
MOTION IN LIMINE FOR ADMISSION OF COLOR ENHANCED
PHOTOS OR ALTERNATIVELY FOR SPOILATION INSTRUCTION
(ECF #140)
Plaintiff Maurice Moore (“Moore”) is a former inmate of the Michigan
Department of Corrections (“MDOC”). Moore asserts that Defendants violated his
Eighth Amendment rights by failing to protect him while being aware of threats
against his safety while he was incarcerated in the MDOC. (See Compl., ECF #1.)
On February 8, 2018, Plaintiff filed a “Motion in Limine for Admission of Color
Enhanced Photos or Alternatively for Spoliation Instruction” (the “Motion in Limine
for Admission of Color Enhanced Photos”). (See ECF #140.)
On March 6, 2018, the Court held a final pretrial conference in this matter in
which it heard argument on the Motion in Limine for Admission of Color Enhanced
Photos.
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For the reasons stated on the record at the hearing on March 6, 2018, IT IS
HEREBY ORDERED THAT the Motion in Limine for Admission of Color
Enhanced Photos (ECF #140) is GRANTED IN PART and DENIED IN PART as
follows:
a. The Motion in Limine for Admission of Color Enhanced Photos is
GRANTED to the extent it seeks to admit color-enhanced photographs
for which Plaintiff is able to lay an appropriate foundation for
admission.
b. The Motion in Limine for Admission of Color Enhanced Photos is
DENIED to the extent it asks the Court to give a spoliation instruction
to the jury.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: March 7, 2018
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on March 7, 2018, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]

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