Crittenden v. City of Omaha et al

Filing 65

ORDER that the Plaintiff, Deandre Crittenden, and his lawyers and witnesses, are precluded, in limine, from making any direct or indirect reference to, or mention of, any complaints made against Defendant Paul Hasiak, not arising out of the facts of this case, including but not limited to the complaint and judgment in Case No. 8:11cv128. Ordered by Chief Judge Laurie Smith Camp. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

DEANDRE CRITTENDEN,
Plaintiff,

8:15CV427

vs.
ORDER
PAUL HASIAK,
Defendant.

This matter is before the Court on the Motion in Limine submitted by Defendant
Paul Hasiak, ECF No. 61. Hasiak seeks to preclude the Plaintiff, Plaintiff’s counsel, and
witnesses, “from making any direct or indirect reference or mention whatsoever, through
questions, testimony, argument, or objection . . . to any complaints filed or made against
Defendant not arising out of the current lawsuit or any outcome of any complaint made
against Defendant, to wit, complaint and judgment in Case No. 8:11cv128.” Id.
The Defendant submitted a brief, ECF No. 62, in support of the Motion, arguing
that any such reference would be irrelevant and unduly prejudicial. The Plaintiff has not
submitted any brief in opposition to the Motion. The Court notes that the complaint and
judgment in Case No. 8:11cv128 are listed as Exhibits 1 and 2 on the joint exhibit list
attached to the Pretrial Order, ECF No. 63, Page ID 232, and the Defendant noted his
objections, including hearsay, relevance, and Federal Rules of Evidence 403 and 404,
consistent with the pending Motion in Limine.
The Court concludes that evidence of complaints filed or made against Hasiak
not related to the facts of this case should be precluded, in limine, unless and until the

relevance of such evidence is demonstrated pursuant to Federal Rule of Evidence
404(b)(2).
Accordingly,
IT IS ORDERED:
The Plaintiff, Deandre Crittenden, and his lawyers and witnesses, are precluded,
in limine, from making any direct or indirect reference to, or mention of, any
complaints made against Defendant Paul Hasiak, not arising out of the facts of
this case, including but not limited to the complaint and judgment in Case No.
8:11cv128.

Dated this 5th day of December, 2017.

BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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