Tereo v. Smuck et al

Filing 66

ORDER granting deft Smuck's MIL 60 - pltf precluded from offering any evidence of mental illness, injury, disease or depression as result of 11/19/13 incident @ trial. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/17/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ERIC D. TEREO,
Plaintiff
v.
DARRYL L. SMUCK, II,
Defendant

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CIVIL ACTION NO. 1:16-CV-1436
(Chief Judge Conner)

ORDER
AND NOW, this 17th day of September, 2018, upon consideration of the
motion (Doc. 60) in limine by defendant Darryl L. Smuck, II (“Officer Smuck”),1
seeking to preclude any evidence concerning “mental illness, injury, disease[,] or
depression” relating to plaintiff Eric D. Tereo (“Tereo”) as a result of the November
19, 2013 incident, (id. at 1, 3), and further upon consideration of Tereo’s response
(Doc. 62) thereto, wherein Tereo agrees that he may not offer “evidence on the issue
of medical causation of any physical or emotional injuries,” (id. at 2), and notes that
he would have “stipulated to the requested relief” had he been given the
opportunity to do so, (id.), it is hereby ORDERED that:
1.

1

Officer Smuck’s motion (Doc. 60) in limine is GRANTED.

We note that the motion (Doc. 60) in limine was jointly filed by Officer
Smuck and the Southern Regional Police Department prior to the Southern
Regional Police Department’s termination as a party to the matter sub judice.

2.

Tereo is precluded from offering any evidence of mental illness, injury,
disease, or depression as a result of the November 19, 2013 incident at
trial.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania