GRIFFIN v. OVERMYER et al

Filing 90

ORDER granting in part and denying in part 83 Plaintiff's Motion in Limine. Signed by Judge Arthur J. Schwab on 1-18-2018. (lmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
BRIAN E. GRIFFIN,
Plaintiff,

16cv0021 Erie
ELECTRONICALLY FILED

v.
LT. SETTNEK, OFFICER WOODS, and
OFFICER MOORE,
Defendants.

MEMORANDUM ORDER REALTED TO PLAINTIFF’S MOTION IN LIMINE
DOC. NO. 83
Before the Court is Plaintiff’s Motion in Limine (doc. no. 83) seeking to exclude any
evidence that Defendants may seek to introduce concerning Plaintiff’s criminal history or his
prison record and history.
Defendants filed a Response which expressed their agreement that Plaintiff’s criminal
history is not relevant to the trial of the instant matter. See doc. no.87. Defendants also concur
that Plaintiff’s prison record or history – which Defendants define as Plaintiff’s misconduct and
disciplinary history in the DOC – is not relevant. Defendants further agree not to raise or offer
evidence of Plaintiff’s criminal history, nor Plaintiff’s previous misconducts and disciplinary
history in the DOC.
However, Defendants wish to introduce information relating to the misconduct Plaintiff
received for “the assault incident at issue in this case,” which caused Plaintiff to be escorted to
the medical unit where Plaintiff alleges he was punched by Defendant(s). Defendants have
indicated they want to use information concerning the earlier misconduct so as to demonstrate

what immediately precipitated Plaintiff’s alleged attack in the medical unit, and potentially, for
impeachment purposes.
Accordingly, this Court hereby GRANTS IN PART Plaintiff’s Motion to preclude his
prior criminal history and his prison record and history. The Court DENIES IN PART Plaintiff’s
Motion to the extent that it seeks to preclude the introduction of information relating to the
misconduct Plaintiff received for the assault which triggered his escort to the medical unit where
the incident at issue in this case took place. Information relating to the misconduct Plaintiff
received immediately prior to his transport to the medical unit, will be permitted to be introduced
as evidence in this case.

SO ORDERED, this 18th day of January, 2018.

s/ Arthur J. Schwab
Arthur J. Schwab
United States District Judge
cc:

All counsel of record and
Brian Griffin (AS2054)
SCI Mahanoy
301 Morea Road
Frackville, PA 17932