AUSTIN v. HILL et al

Filing 77

ORDER THAT THE MOTION IN LIMINE IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 8/1/2014. 8/1/2014 ENTERED AND COPIES E-MAILED.(kp, ) (Main Document 77 replaced on 8/1/2014) (kp, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SHAUN AUSTIN
v.
LEON HILL, et. al.

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CIVIL ACTION
NO. 11-2847

ORDER
AND NOW, this 1st day of August, 2014, upon consideration of the motion in limine
brought by defendant Correctional Officers Leon Hill and Jamie Brannon (Dkt. No. 74) and
plaintiff Shaun Austin’s response thereto (Dkt. No. 75), and consistent with the accompanying
memorandum of law, it is ORDERED that:
1) Defendants’ motion to exclude plaintiff’s exhibit P-11: NCP Investigative Report is
DENIED;
2) Defendants’ motion to partially exclude plaintiff’s exhibit P-13: Report of
Extraordinary Occurrence is GRANTED. The document shall be redacted to exclude
the following statement: “Inmate Torres freely stated to me that he ‘I cut him (Austin)
because I have problem with him.’ Torres then stated that he had used a razor blade.
I asked what happened to the blade and he stated that he flushed it down the toilet”;
3) Defendants’ motion to exclude plaintiff’s exhibit P-21: Formal Misconduct Report is
DENIED;
4) Defendants’ motion to exclude plaintiff’s exhibit P-22: 2/12/09 Incident Report is
DENIED;
5) Defendant’s motion to exclude plaintiff’s exhibit P-30: 7/10/08 Formal Misconduct
Report is GRANTED; and

6) Defendant’s motion to exclude plaintiff’s exhibit P-31: 11/11/08 Formal Misconduct
Report is GRANTED

_/s/ Thomas N. O’Neill Jr._________
THOMAS N. O’NEILL, JR., J.

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