Roberts v. City of Omaha et al

Filing 152

ORDER - IT IS ORDERED: The plaintiff's motion to amend the witness list and exhibit list (Filing No. 143 ) is granted, subject to objections at trial. Ordered by Senior Judge Joseph F. Bataillon. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVID ROBERTS,
Plaintiff,

8:11CV129

v.
ORDER
JOSH MARTINEC,
Defendant.

This matter is before the court on the plaintiff's notice of intent to use certain
evidence and motion to amend the exhibit and witness lists, Filing No. 143. This is an
action for violation of civil rights that is set for trial on Feb 9, 2015.
The plaintiff seeks to offer blank body diagrams, sketch diagrams, a police
photograph, letters from mental health practitioners, and a redacted version of a current
exhibit. Further, he intends to offer portions of the contents of Exhibits 162 and 163 as
separately marked exhibits, but only in the course of the examination of the officers
whose statements are contained therein, and only as impeachment evidence. Also, he
seeks to add a foundation witness, Lt. Patrick Rowland, for Exhibits 159 (Omaha PD
Use of Force Policy and Procedure), 161 (Omaha PD Mental Illness Policy and
Procedure), and 165 (Omaha PD Handcuffs and restraints Policy and Procedure).
In support of his motion, the plaintiff cites counsel's relatively recent appearance
in the case. It appears that the defendant has been provided copies of the documents
and there does not appear to be any undue surprise. Under the circumstances, the
court finds the motion to amend the witness and exhibit lists should be granted. The
defendant may raise any objections at trial.

IT IS ORDERED:
1.

The plaintiff's motion to amend the witness list and exhibit list (Filing No.

143) is granted, subject to objections at trial.
DATED this 5th day of February, 2015
BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge

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