RIVERA v. URBAN et al

Filing 81

ORDER THAT PLAINTIFFS MOTION IN LIMINE TO PRECLUDE EVIDENCE CONCERNING ALPHIE HERRERAS DRUG USE IS DENIED. IT IS FURTHER ORDERED THAT DEFENDANTS MOTION IN OPPOSITION TO PLAINTIFFS MOTION IN LIMINE TO PRECLUDE EVIDENCE OF ALPHIE HERRERAS USE OF ILLEGA L DRUGS IS GRANTED. IT IS FURTHER ORDERED THAT EVIDENCE AND TESTIMONY CONCERNING ALPHIE HERRERA, SR.S PRIOR DRUG USE IS ADMISSIBLE ONLY IN THE DAMAGES PORTION OF THIS BIFURCATED TRIAL.IT IS FURTHER ORDERED THAT PLAINTIFFS MOTION IN LIMINE TO PRECLUDE EVIDENCE CONCERNING PRIOR CRIMINAL CONVICTIONS/BAD ACTS IS DENIED. IT IS FURTHER ORDERED THAT DEFENDANTS MOTION IN OPPOSITION TO PLAINTIFFS MOTION IN LIMINE TO PRECLUDE EVIDENCE CONCERNING PRIOR CRIMINAL CONVICTIONS/BAD ACTS IS GRANTED. IT IS FURTHE R ORDERED THAT EVIDENCE AND TESTIMONY CONCERNING PRIOR CRIMINAL CONVICTIONS CONSISTENT WITH THE OPINION ACCOMPANYING THIS ORDER IS ADMISSIBLE ONLY IN THE DAMAGES PORTION OF THIS BIFURCATED TRIAL. IT IS FURTHER ORDERED THAT DEFENDANTS MOTION IN LIMINE TO PRECLUDE EVIDENCE AND TESTIMONY OF OTHER INMATE DEATHS AND SUITS INVOLVING LEHIGH COUNTY JAIL IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT DEFENDANTS MOTION IN LIMINE TO PRECLUDE OTHER INMATE DEATHS AND SUITS INVOLVING LEHIGH COUNTY JAIL IS GRANTED CONCERNING THE DEATHS OF INMATES TRAVIS MAGDITCH AND JOAN SAMUELS, AND DENIED CONCERNING THE DEATH OF INMATE DAVID CAMPBELL. IT IS FURTHER ORDERED THAT EVIDENCE AND TESTIMONY CONCERNING THE DEATH OF DAVID CAMPBELL WHILE AN INM ATE AT LEHIGH COUNTY PRISON IS ADMISSIBLE IN BOTH THE LIABILITY AND DAMAGES PHASES OF THIS BIFURCATED TRIAL.IT IS FURTHER ORDERED THAT DEFENDANTS MOTION IN LIMINE TO PRECLUDE EVIDENCE AND TESTIMONY AS TO TRAINING PROVIDED AFTER FEBRUARY 27, 2013 IS D ENIED. IT IS FURTHER ORDERED THAT EVIDENCE AND TESTIMONY CONCERNING TRAINING PROVIDED TO PRISON STAFF BY DEFENDANT LEHIGH COUNTY AFTER FEBRUARY 27, 2013 CONCERNING RESTRAINT OF MEDICALLY COMPROMISED PRISONERS IS ADMISSIBLE IN BOTH THE LIABILITY AND D AMAGES PHASES OF THIS BIFURCATED TRIAL. IT IS FURTHER ORDERED THAT DEFENDANTS MOTION FOR LEAVE TO FILE A REPLY BRIEF, WHICH MOTION WAS FILED SEPTEMBER 24, 2015 (DOCUMENT 66), IS GRANTED AS UNOPPOSED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT IS D IRECTED TO FILE DEFENDANTS REPLY BRIEF IN SUPPORT OF DEFENDANTS MOTION IN LIMINE TO PRECLUDE EVIDENCE AND TESTIMONY AS TO TRAINING PROVIDED AFTER FEBRUARY 27, 2013, WHICH IS ATTACHED AS EXHIBIT A TO DEFENDANTS MOTION FOR LEAVE TO FILE A REPLY BRIEF, FILED SEPTEMBER 24, 2015 (DOCUMENT 66). IT IS FURTHER ORDERED THAT DEFENDANTS MOTION FOR LEAVE TO FILE A REPLY BRIEF, WHICH MOTION WAS FILED SEPTEMBER 29, 2015 (DOCUMENT 68), IS GRANTED AS UNOPPOSED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT IS D IRECTED TO FILE DEFENDANTS REPLY BRIEF IN SUPPORT OF DEFENDANTS MOTION IN LIMINE TO PRECLUDE EVIDENCE AND TESTIMONY AS TO OTHER INMATE DEATHS AND SUITS INVOLVING LEHIGH COUNTY JAIL, WHICH IS ATTACHED AS EXHIBIT A TO DEFENDANTS MOTION FOR LEAVE TO FILE A REPLY BRIEF, FILED SEPTEMBER 29, 2015 (DOCUMENT 68).. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 12/2/2015. 12/3/2015 ENTERED AND COPIES E-MAILED.(lbs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CARMEN RIVERA, Administratrix )
of the Estate of
)
Alphie Herrera, Deceased,
)
)
Plaintiff
)
) Civil Action
v.
) No. 13-cv-04748
)
LEHIGH COUNTY; and
)
JOHN DOES 1-10,
)
(Certain Unidentified
)
Lehigh County Prison
)
Corrections Officers);
)
)
Defendants
)
*

*

*

CARMEN RIVERA, Administratrix )
of the Estate of
)
Alphie Herrera, Deceased,
)
)
Plaintiff
)
) Civil Action
v.
) No. 14-cv-03883
)
SGT. JOHN URBAN;
)
C.O. SCOTT REYNOLDS;
)
C.O. ERIC NEWHALL;
)
C.O. MICHAEL DAILEY;
)
C.O. ANGEL RODRIGUEZ; and
)
SGT. CLINE,
)
)
Defendants
)
O R D E R
NOW, this 2nd day of December, 2015, upon consideration
of:
(1)

1

Plaintiff’s Motion in Limine to Preclude Evidence
Concerning Alphie Herrera’s Drug Use filed August
7, 2015 (Document 37, 14-cv-038831); together with

The docket number is provided, as here, only where a document to
which I refer was filed only on one docket of these two consolidated actions.
In all other cases, I refer to documents by the corresponding document number
in Civil Action No. 13-cv-04748.

(a)

(b)
(2)

Plaintiff’s Memorandum of Law in Support of
Her Motion in Limine to Preclude Evidence
Suggesting that Alphie Herrera[] Used
Illegal Drugs;
Exhibits “A” to “C” (Documents 37-1 to
37-3);

Defendants’ Motion in Opposition to Plaintiff’s
Motion in Limine to Preclude Evidence of Alphie
Herrera’s Use of Illegal Drugs, which motion in
opposition was filed August 21, 2015 (Document
39, 14-cv-03883); together with
(a)

(b)
(3)

Defendants’ Brief in Opposition to
Plaintiff’s Motion in Limine to Preclude
Evidence of Alphie Herrera’s Use of Illegal
Drugs;
Exhibits “1” to “11” (Documents 39-1 to
39-2);

Plaintiff’s Motion in Limine to Preclude Evidence
Concerning Prior Criminal Convictions/Bad Acts
filed September 1, 2015 (Document 40,
14-cv-03883); together with
(a)

(b)
(4)

Plaintiff’s Memorandum of Law in Support of
Her Motion in Limine to Preclude Evidence
Concerning Prior Criminal Arrests/Convictions of Plaintiff and Named Beneficiaries;
Exhibits “A” to “C” (Documents 40-1 to
40-3);

Defendants’ Motion in Opposition to Plaintiff’s
Motion in Limine to Preclude Evidence Concerning
Prior Criminal Convictions/Bad Acts, which motion
in opposition was filed September 8, 2015
(Document 43, 14-cv-03883); together with
(a)

Defendants’ Brief in Opposition to
Plaintiff’s Motion in Limine to Preclude
Evidence Concerning Prior Criminal
Convictions/Bad Acts;

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(b)
(5)

Defendants’ Motion in Limine to Preclude Evidence
and Testimony of Other Inmate Deaths and Suits
Involving Lehigh County Jail filed September 8,
2015 (Document 56); together with
(a)

(6)

Exhibits “1” to “7” (Document 43-1);

Brief in Support of Defendants’ Motion in
Limine to Preclude Evidence and Testimony of
Other Inmate Deaths and Suits Involving
Lehigh County Jail;

Plaintiff’s Response in Opposition to Defendats’
[sic] Motion in Limine to Preclude Evidence of
Prior Inmate Deaths, which response was filed
September 22, 2015 (Document 65); together with
(a)

(b)
(7)

Memorandum of Law in Support of Plaintiff’s
Response in Opposition to Defendants’ Motion
in Limine to Preclue [sic] Evidence of []
Prior Inmate Deaths;
Exhibits “A” to “I” (Documents 65-1 to
65-9);

Defendants’ Motion in Limine to Preclude Evidence
and Testimony as to Training Provided After
February 27, 2013 filed September 9, 2015
(Document 57); together with
(a)

(b)
(8)

Brief in Support of Defendants’ Motion in
Limine to Preclude Evidence and Testimony as
to Training Provided After February 27,
2013;
Exhibits “A” to “C” (Document 57-1);

Plaintiff’s Response in Opposition to Defendats’
[sic] Motion in Limine to Preclude Evidence of
Seizure Training After February 27, 2013, which
response was filed September 19, 2015 (Document
64); together with
(a)

Memorandum of Law in Support of Plaintiff’s
Response in Opposition to Defendants’ Motion
in Limine to Preclue [sic] Evidence of
Seizure Training After February 27, 2013;
-iii-

(b)
(9)

Exhibits “A” to “G” (Documents 64-1 to
64-7);

Defendants’ Motion for Leave to File a Reply
Brief, which motion was filed September 24, 2015
(Document 66); together with
(a)

Exhibit “A”: Defendants’ Reply Brief in
Support of Defendants’ Motion in Limine to
Preclude Evidence and Testimony as to
Training Provided After February 27, 2013;

(b)

Exhibits “B” to “E” (Document 66-1); and

(10) Defendants’ Motion for Leave to File a Reply
Brief, which motion was filed September 29, 2015
(Document 68); together with
(a)

Exhibit “A”: Defendants’ Reply Brief in
Support of Defendants’ Motion in Limine to
Preclude Evidence and Testimony as to Other
Inmate Deaths and Suits Involving Lehigh
County Jail;

and for the reasons expressed in the accompanying Opinion,
IT IS ORDERED that Plaintiff’s Motion in Limine to
Preclude Evidence Concerning Alphie Herrera’s Drug Use is
denied.
IT IS FURTHER ORDERED that Defendants’ Motion in
Opposition to Plaintiff’s Motion in Limine to Preclude Evidence
of Alphie Herrera’s Use of Illegal Drugs is granted.
IT IS FURTHER ORDERED that evidence and testimony
concerning Alphie Herrera, Sr.’s prior drug use is admissible
only in the damages portion of this bifurcated trial.

-iv-

IT IS FURTHER ORDERED that Plaintiff’s Motion in
Limine to Preclude Evidence Concerning Prior Criminal
Convictions/Bad Acts is denied.
IT IS FURTHER ORDERED that Defendant’s Motion in
Opposition to Plaintiff’s Motion in Limine to Preclude Evidence
Concerning Prior Criminal Convictions/Bad Acts is granted.
IT IS FURTHER ORDERED that evidence and testimony
concerning prior criminal convictions consistent with the
Opinion accompanying this Order is admissible only in the
damages portion of this bifurcated trial.
IT IS FURTHER ORDERED that Defendants’ Motion in
Limine to Preclude Evidence and Testimony of Other Inmate Deaths
and Suits Involving Lehigh County Jail is granted in part and
denied in part.
IT IS FURTHER ORDERED that Defendant’s Motion in
Limine to Preclude Other Inmate Deaths and Suits Involving
Lehigh County Jail is granted concerning the deaths of inmates
Travis Magditch and Joan Samuels, and denied concerning the
death of inmate David Campbell.
IT IS FURTHER ORDERED that evidence and testimony
concerning the death of David Campbell while an inmate at Lehigh
County Prison is admissible in both the liability and damages
phases of this bifurcated trial.

-v-

IT IS FURTHER ORDERED that Defendants’ Motion in
Limine to Preclude Evidence and Testimony as to Training
Provided After February 27, 2013 is denied.
IT IS FURTHER ORDERED that evidence and testimony
concerning training provided to prison staff by defendant Lehigh
County after February 27, 2013 concerning restraint of medically
compromised prisoners is admissible in both the liability and
damages phases of this bifurcated trial.
IT IS FURTHER ORDERED that Defendants’ Motion for
Leave to File a Reply Brief, which motion was filed September
24, 2015 (Document 66), is granted as unopposed.
IT IS FURTHER ORDERED that the Clerk of Court is
directed to file Defendants’ Reply Brief in Support of
Defendants’ Motion in Limine to Preclude Evidence and Testimony
as to Training Provided After February 27, 2013, which is
attached as Exhibit A to Defendants’ Motion for Leave to File a
Reply Brief, filed September 24, 2015 (Document 66).
IT IS FURTHER ORDERED that Defendants’ Motion for
Leave to File a Reply Brief, which motion was filed September
29, 2015 (Document 68), is granted as unopposed.
IT IS FURTHER ORDERED that the Clerk of Court is
directed to file Defendants’ Reply Brief in Support of
Defendants’ Motion in Limine to Preclude Evidence and Testimony
as to Other Inmate Deaths and Suits Involving Lehigh County
-vi-

Jail, which is attached as Exhibit A to Defendant’s Motion for
Leave to File a Reply Brief, filed September 29, 2015 (Document
68).

BY THE COURT:

/s/ James Knoll Gardner_____
James Knoll Gardner
United States District Judge

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