Murphy v. City of Tulsa, The et al

Filing 357

OPINION AND ORDER by Chief Judge Gregory K Frizzell ; denying 215 Motion in Limine (kjp, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OKLAHOMA

MICHELLE DAWN MURPHY,
Plaintiff,
v.
THE CITY OF TULSA,
Defendant.

)
)
)
)
)
)
)
)
)

Case No. 15-CV-528-GKF-FHM

OPINION AND ORDER
This matter comes before the court on the Motion in Limine Number Nine: To Exclude
Any Derogatory References to Detective Mike Cook [Doc. #215] of defendant the City of Tulsa.
For the reasons discussed below, the motion is denied.
In its ninth motion in limine, the City of Tulsa seeks an order wholly precluding Ms.
Murphy from making any derogatory references to Tulsa Police Detective Mike Cook, including
references to “rogue cop,” “cowboy cop,” or “confession whisperer.” In response, Ms. Murphy
argues that counsel is free to use appropriate language based on the evidence.
In Oklahoma, “[a] lawyer, as a member of the legal profession, is a representative of clients,
an officer of the legal system and a public citizen having special responsibility for the quality of
justice.” Okla. Rules of Prof’l Conduct preamble. As such, an attorney must faithfully adhere to
the Oklahoma Rules of Professional Conduct. See LCvR 83.6(c). Further, attorneys appearing
before this court are expected to consult, and be guided by, the Northern District’s Standards of
Practice. LCvR 83.8. Pursuant to Local Rule 83.8, “[a] lawyer owes, to opposing counsel, a duty
of courtesy and cooperation,” as well as “the fundamental duties of personal dignity and
professional integrity.” LCvR 83.8(c)-(d). “Lawyers should treat each other, the opposing party,

the Court, and the members of the Court staff with courtesy and civility and conduct themselves
in a professional manner at all times.” LCvR 83.8(e). Finally, “[a] lawyer shall always treat
adverse witnesses and suitors with fairness and due consideration.” LCvR 83.8(f) (emphasis
added). The court trusts that counsel in this matter will conduct themselves with professional
integrity, civility, and fairness at all times, and that a motion in limine directed toward counsel’s
conduct is unnecessary.
WHEREFORE, the City of Tulsa’s Motion in Limine Number Nine: To Exclude
Any Derogatory References to Detective Mike Cook [Doc. #215] is denied without prejudice.
DATED this 26th day of January, 2018.

-2-