Pacheco v. City of Springfield, Tennessee et al

Filing 387

ORDER granting 329 Motion in Limine. Signed by District Judge Aleta A. Trauger on 7/26/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

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Motion GRANTED. IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION JOSE OSMIN CALDERON PACHECO, Plaintiff, v. WILL JOHNSON, Individually and in His Official Capacity as an Officer of the Springfield Police Department, Defendant. ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 3:11-CV-00221 Judge Aleta A. Trauger Magistrate Judge Joe Brown JURY DEMAND MOTION IN LIMINE #22 BY OFFICER WILL JOHNSON REGARDING THE LIMITATION OF TESTIMONY INVOLVING THE OPINIONS OF POLICE OFFICERS Defendant Officer Will Johnson (“Johnson”), in accordance with the Case Management Order, (DE 296), files this Motion in Limine #22 to limit any opinion testimony from other police officers as to whether Officer Johnson’s actions were reasonable. Pursuant to Rules 602 and 701, Defendant Johnson moves the Court in limine for an order prohibiting Plaintiff’s counsel from asking police officer witnesses of their opinion regarding the reasonableness of Defendant Johnson’s actions and from police officer witnesses testifying about the reasonableness of Defendant Johnson’s actions. No other police officers were present on the scene during Officer Johnson’s pursuit of Plaintiff. Further, no video evidence exists regarding the pursuit. Thus, no other police officer has the requisite personal knowledge needed to testify about the incident or whether Defendant Johnson’s actions were reasonable. Therefore, as no other police officer has personal knowledge as it relates to Defendant Johnson’s pursuit of Pacheco, any testimony from those police officers as it concerns the

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