Beck et al v. Baker et al

Filing 179

ORDER by District Judge Kenneth J. Gonzales denying 116 Motion in Limine; denying 117 Motion in Limine; denying 118 Motion in Limine; denying 120 Motion in Limine; denying as moot 121 Motion in Limine; denying 122 Motion in Limine; denying as moot 126 Motion in Limine; denying as moot 127 Motion in Limine; denying 128 Motion in Limine; reserving ruling on 129 Motion in Limine; denying as moot 130 Motion in Limine; reserving ruling on 134 Motion in Limine; and denying as moot 170 Motion in Limine. (tah)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

JILLIAN BECK, individually and
as Parent and Next Friend of
A.B., a Minor, and
ANDREW R. BECK, I, individually,
Plaintiffs,
v.

CV 14-67 KG/WPL

ISAIAH BAKER, in his individual
capacity, and
JOSEPH CAMPA, in his individual
capacity,
Defendants.
ORDER ON MOTIONS IN LIMINE
On January 30, 2017, the Court held a hearing on the motions in limine filed by Plaintiffs
and Defendants. (Docs. 116, 117, 118, 120, 121, 122, 126, 127, 128, 129, 130, and 134), filed
January 9, 2017; (Doc. 170), filed January 27, 2017. Responses to those motions in limine were
filed on January 17, 2017. (Docs. 149, 150, 151, 152, 154, 157, 158, 159, 160, and 161). Mollie
C. McGraw and Margaret Strickland represented Plaintiffs at the hearing. Robert A. Cabello,
Thomas R.A. Limon, and Lawrence R. White represented Defendants.
Having considered the motions in limine, the responses, and the argument of counsel, the
Court ORDERS that
1.

Plaintiffs’ Motion in Limine to Exclude Evidence Regarding the Circumstances

Alleged in the Second Phone Call which were Unknown to Officers at the Time of the Arrest
(Doc. 116) is denied;

2.

Plaintiffs’ Motion in Limine to Exclude Evidence Regarding the Officer’s First

Trip to the Beck Residence (Doc. 117) is denied;
3.

Plaintiffs’ Motion in Limine to Exclude Evidence that the Plaintiffs’ Son was in

the Street When Officers Arrived (Doc. 118) is denied;
4.

Plaintiffs’ Motion in Limine to Exclude Allegation that Plaintiff Jillian Beck

Kicked Officer after the Arrest (Doc. 120) is denied;
5.

Plaintiffs’ Motion in Limine to Exclude Testimony by Shawn Williams, or in the

alternative, to Voir Dire the Witness Outside the Presence of the Jury (Doc. 121) is denied as
moot;
6.

Plaintiffs’ Motion in Limine to Exclude Video of Plaintiff Jillian Beck Taken at

the Police Station after her Arrest (Doc. 122) is denied;
7.

Plaintiffs’ Motion in Limine to Exclude Information of Payment for Medical

Treatment (Doc. 126) is denied as moot, because the parties agree to exclude any evidence
related to the payment of Plaintiff Jillian Beck’s medical bills;
8.

Plaintiffs’ Motion in Limine to Exclude Evidence Regarding Pregnancy (Doc.

127) is denied as moot, because the parties agree to exclude any evidence related to Plaintiff
Jillian Beck’s alleged pregnancy;
9.

Plaintiffs’ Motion in Limine to Exclude Evidence of Alleged Intoxication Level

(Doc. 128) is denied;
10.

Ruling on Defendants’ Motion in Limine to Exclude Evidence (Doc. 129) is

reserved;
11.

Defendants’ Motion in Limine to Exclude Evidence and Testimony Regarding

Defendants’ Disciplinary Regarding Use of Force and Arrest (Doc. 130) is denied as moot

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because the parties agree to exclude any evidence related to prior bad acts unless a party opens
the door or approaches the bench and receives a ruling outside the presence of the jury;
12.

Ruling on Defendants’ Motion in Limine to Exclude Evidence and Testimony

Regarding the Alleged Trauma of Plaintiffs’ Child (Doc. 134) is reserved; and
13.

Plaintiffs’ Motion in Limine to Exclude Unsubstantiated Allegation of Affair

(Doc. 170) is denied as moot, because the parties agree to exclude any evidence related to
Plaintiff Jillian Beck’s alleged affair.

_______________________________
UNITED STATES DISTRICT JUDGE

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