Johnny v. Bornowski et al

Filing 238

ORDER regarding 220 , 221 , 225 , and 226 parties' trial briefing on deposition questions relating to Plaintiff Oscar Johnny's criminal conduct and immigration status and general deposition questions. Signed on 6/18/13 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
OSCAR L. JOHNNY, JR.
Plaintiff,

)
)
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) Case No. 10-04008 -CV-FJG
)
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)

v.
LARRY BORNOWSKI, et. al.,
Defendants.

ORDER
Currently pending before the Court is the parties’ trial briefing on deposition
questions relating to Plaintiff Oscar Johnny’s criminal conduct and immigration status
and general deposition questions (Doc. No. 220, 221, 225, & 226). After careful
consideration of the parties’ submissions, the Court hereby ORDERS:
(1) Only the following information shall be admissible relating to Plaintiff’s
criminal conduct and immigration status:
(a) Plaintiff was arrested on March 11, 2010 and charged with the felony
offense of “Possession of Cannabis with Intent to Sale or Deliver”
marijuana in Broward County, Florida.
(b) Plaintiff entered a plea of no contest on October 1, 2010 and was given
an 18 month probation period.
(c) Plaintiff was arrested and taken into custody by U.S. Immigration and
Customs Enforcement (ICE) on May 15, 2011 and was incarcerated
until his deportation.

(d) Plaintiff was deported from the U.S. and sent back to his native country
of St. Vincent (located in the lower Caribbean islands) on November 3,
2011.
(e) Plaintiff has resided in St. Vincent since his deportation and, to date, is
not permitted back into the U.S.
(2) The above shall also be admissible for purposes of a determination of
damages.
(3) All other details surrounding Plaintiff Oscar Johnny’s criminality and
immigration status is inadmissible.
IT IS SO ORDERED.
Date: June 18, 2013
Kansas City, Missouri

S/ FERNANDO J. GAITAN, JR.
Fernando J. Gaitan, Jr.
Chief United States District Judge