Shelton v. Bledsoe et al

Filing 258

ORDER (memorandum filed previously as separate docket entry). re: motions in limine. (See order for details).Signed by Honorable Malachy E Mannion on 7/7/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
NORMAN N. SHELTON,

:
:

Plaintiff

CIVIL ACTION NO. 3:11-0368
:

v
:

(JUDGE MANNION)

WARDEN BLEDSOE, et al.,
:
Defendants
ORDER
For the reasons set forth in the Memorandum of this date, IT IS HEREBY
ORDERED THAT:
1.

Defendants’ motion in limine to exclude evidence of
previous complaints, outside of the five years agreed
to by counsel, and lawsuits, including any
settlements, administrative remedies, internal Bureau
of Prison complaints, federal complaints or other
executive agency complaints filed against them or the
United States (Doc. 228), will be GRANTED.

2.

Plaintiff’s motion in limine to exclude evidence of
Plaintiff’s alleged prison misconduct, (Doc. 230), will
be GRANTED, in part, and DENIED, in part. Limited
testimony on these matters will be permitted, to the
extent that these matters were known to the officers
and informed their judgment regarding the quantum
of force needed in this case. However, any use of the
disciplinary records, outside of showing Defendants
knowledge and how that knowledge informed their
decisions regarding the use of force, is inadmissible
character evidence, in violation of Fed. R. Evid.
404(b).
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3.

Plaintiff’s motion in limine to exclude evidence of
Plaintiff’s other lawsuits, (Doc. 232) is GRANTED in
part.

4.

Plaintiff’s motion in limine to exclude evidence of
Plaintiff’s criminal convictions, (Doc. 234), is
GRANTED in part, and DENIED in part. Defendants
may testify to their knowledge that Shelton was
convicted of crimes of violence and the length of his
sentences. The precise nature of these crimes shall
not be disclosed to the jury; subject however, to
further review at the conclusion of Shelton’s trial
testimony for the reasons set forth in the
accompanying memorandum.

5.

Plaintiff’s motion in limine to exclude evidence of
Plaintiff’s religions, including portions of the videotape
debriefing showing Plaintiff praying, (Doc. 236) is
GRANTED.

6.

Plaintiff’s motion in limine to exclude evidence of
other administrative grievances filed by Plaintiff, (Doc.
238), is GRANTED.

7.

Plaintiff’s motion in limine to exclude the video and
other evidence in connection with the September 22,
2010 calculated use of force incident involving
Plaintiff and his then-cellmate, Damon Johnson is
GRANTED as unopposed, with Defendants reserving
the right to use the video to the extent it may be
needed for impeachment or rebuttal evidence

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: July 7, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2011 MEMORANDA\11-0368-02-ORDER.wpd

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