K.S. v. Detroit Public Schools et al

Filing 144

ORDER Granting in Part and Denying in Part Motions in Limine ( 109 Sealed Motion; 110 Motion in Limine; 111 Motion in Limine; 112 Motion in Limine; 113 Motion in Limine; 114 Motion in Limine) and Granting in Part 139 Motion to Quash Subpoena. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
K.S.,
Plaintiff,
v.

Case Number 14-12214
Honorable David M. Lawson

DETROIT PUBLIC SCHOOLS,
CHARLES PUGH, ROY ROBERTS,
ROBERT BOBB, BERRY GREER,
and MONIQUE MCMURTRY,
Defendants.
______________________________/
ORDER GRANTING IN PART AND DENYING IN PART MOTIONS IN LIMINE
AND GRANTING IN PART MOTION TO QUASH SUBPOENA
This matter is before the Court on six motions in limine filed by the parties and a motion to
quash the plaintiff’s trial subpoena by non-party witness Ross Jones. The Court has reviewed the
submissions of the parties and heard oral argument on October 23, 2015. During the course of the
hearing the Court announced from the bench its decisions on the various motions.
Accordingly, it is ORDERED that the defendants’ omnibus motion [dkt. #109] is
GRANTED IN PART AND DENIED IN PART for the reasons stated on the record. The request
to exclude the supplemental report of Dr. Gerald Sheiner from use as an exhibit at trial is
GRANTED. The request for a ruling admitting certain text messages sent by the plaintiff to third
parties is DENIED. In all other respects, the motion is DENIED without prejudice. As to witnesses
and exhibits not specifically addressed by this ruling, the defendants may raise at trial any
appropriate contemporaneous objection that they may have.
It is further ORDERED that the plaintiff’s motion to exclude evidence of other sexual
relationships and certain text messages [dkt. #110] is GRANTED. The text messages sent by the

plaintiff that were proffered by the DPS defendants in [dkt. #109] and all other evidence of the
plaintiff’s sexual relationships and conduct involving third parties is EXCLUDED.
It is further ORDERED that the plaintiff’s motion to exclude documents filed in the City
of Detroit bankruptcy case [dkt. #111] is DENIED as moot.
It is further ORDERED that the plaintiff’s motion to preclude any argument that the plaintiff
welcomed defendant Pugh’s conduct [dkt. #112] is DENIED.
It is further ORDERED that defendant Pugh’s motion to exclude video recordings [dkt.
#113] is GRANTED IN PART AND DENIED IN PART. The request to exclude a video
recording of an interview of the defendant by Ross Jones is DENIED. As to the video that depicts
the plaintiff’s mother’s account of a phone conversation between the plaintiff’s mother and the
defendant, the request to exclude the video is GRANTED, but the plaintiff may seek to revisit this
ruling at trial if he can lay a sufficient foundation to establish the relevance and admissibility of the
video or any part of it, and the defendant contemporaneously may raise any appropriate objection
that he may have. The motion is GRANTED as to all of the other video recordings proffered by
the plaintiff, and they are EXCLUDED.
It is further ORDERED that defendant Pugh’s motion to bar the use of certain words and
character evidence [dkt. #114] is GRANTED IN PART AND DENIED IN PART. The request
to bar the use at trial of the word “pedophile” is GRANTED. The Court directs the attorneys for
all parties to instruct their witnesses not to use that word or any variations of it during their
testimony. If any party feels that use of the word or some variant of it is necessary to a complete
presentation by any witness, then the party may seek relief from this ruling by seeking a sidebar
conference before offering any testimony that may involve use of the prohibited terms. The request

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to exclude testimony by witnesses Tawana Simpson, Ida Short, Elena Herrada, and Lamar Lemmons
is DENIED. The motion is DENIED without prejudice in all other respects. As to witnesses and
testimony not specifically addressed by this ruling, defendant Pugh may raise at trial any appropriate
contemporaneous objection that he may have.
It is further ORDERED that non-party Ross Jones’s motion to quash the plaintiff’s trial
subpoena or in the alternative for entry of a protective order [dkt. #139] is GRANTED IN PART.
The request to quash the plaintiff’s trial subpoena is DENIED, but that subpoena shall be regarded
as a summons for Mr. Jones to appear for a deposition de bene esse, at a suitable time and place to
be arranged by the parties. The request for a protective order is GRANTED. Examination during
the deposition of Mr. Jones shall be limited to matters in the public record. The motion is DENIED
in all other respects.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: October 23, 2015
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on October 23, 2015.
s/Susan Pinkowski
SUSAN PINKOWSKI

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