Watson v. City of Burton, a Michigan municipal corporation et al

Filing 68

ORDER DENYING PLAINTIFF'S 62 Motion in Limine - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL CLIFTON WATSON,
Plaintiff,

No. 17-11833

v.

District Judge Arthur J. Tarnow
Magistrate Judge R. Steven Whalen

CITY OF BURTON, ET AL.,
Defendants.
/
ORDER
Plaintiff, who has filed a pro se civil complaint, brings a motion in limine to
exclude any reference to Defendants having evidence against him [Doc. #62]. Plaintiff
has brought claims of false arrest and false imprisonment, an element of which is the
absence of probable cause. Because the Defendants would therefore have to prove that
there was probable cause for the Plaintiff’s arrest, it would be anomalous to preclude
them from offering evidence to support that defense. Indeed, such ruling would have
serious due process implications, in that it would effectively deprive Defendants of a
defense by removing a critical factual question from the jury’s consideration.
In addition, a summary judgment motion is pending, so a motion in limine at this
point is premature.

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Accordingly, Plaintiff’s motion is limine [Doc. #62] is DENIED.
IT IS SO ORDERED.
Dated: June 5, 2018

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE

CERTIFICATE OF SERVICE
I hereby certify on June 5, 2018 that I electronically filed the foregoing paper with the
Clerk of the Court sending notification of such filing to all counsel registered electronically.
I hereby certify that a copy of this paper was mailed to non-registered ECF participants on
June 5, 2018.
s/Carolyn M. Ciesla
Case Manager for the
Honorable R. Steven Whalen

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