AUSTIN v. HILL et al

Filing 73

MEMORANDUM AND/OR OPINION ORDER THAT PLAINTIFF'S MOTION TO EXCLUDE EVIDENCE OF HIS CRIMINAL AND SEXUAL HISTORY IS GRANTED IN PART AND DENIED IN PART IN ACCORDANCE WITH THE ACCOMPANYING MEMORANDUM OF LAW. PLAINTIFF'S MOTION TO EXCLUDE THE FU LS REPORT IS GRANTED. PLAINTIFF'S MOTION TO PRECLUDE COMMENTS AND QUESTIONING REGARDING DEFENDANTS' FEELINGS ABOUT BEING SUED IS GRANTED. PLAINTIFF'S MOTION TO PRECLUDE "GOLDEN RULE" COMMENTS DURING TRIAL IS GRANTED. DEFENDAN T'S MOTION TO PRECLUDE PHOTOGRAPHS DEPICTING PLAINTIFF'S INJURIES IS DENIED; AND ON OR BEFORE 7/14/2014, DEFENDANTS MAY FILE A MOTION IN LIMINE AND AN ACCOMPANYING BRIEF TO EXCLUDE DOCUMENTS IDENTIFIED BY PLAINTIFF AS POTENTIAL EXHIBITS; ETC.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 7/7/2014. 7/7/2014 ENTERED AND COPIES E-MAILED. (ems)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SHAUN AUSTIN
v.
LEON HILL, et. al.

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ORDER

CIVIL ACTION
NO. 11-2847

AND NOW, this 7th day of July, 2014, upon consideration of the four motions in limine
brought by plaintiff Shaun Austin (Dkt. Nos. 50, 51, 53, 54) and defendant Correctional Officers
Leon Hill and Jamie Brannon (Dkt. No. 46), and all replies and responses thereto, it is
ORDERED that:
1) Plaintiff’s motion to exclude evidence of his criminal and sexual history is
GRANTED in part and DENIED in part in accordance with the accompanying
memorandum of law;
2) Plaintiff’s motion to exclude the Fuls Report is GRANTED;
3) Plaintiff’s motion to preclude comments and questioning regarding defendants’
feelings about being sued is GRANTED;
4) Plaintiff’s motion to preclude “Golden Rule” comments during trial is GRANTED;
5) Defendant’s motion to preclude photographs depicting plaintiff’s injuries is DENIED;
and
6) On or before Monday, July 14, 2014 defendants may file a motion in limine and an
accompanying brief to exclude documents identified by plaintiff as potential exhibits.
Plaintiff’s responses to any such motions in limine shall be filed on or before
Monday, July 21, 2014.
/s/ Thomas N. O’Neill Jr._____
THOMAS N. O’NEILL, JR., J.
.