Fleming et al v. Bjornstad et al

Filing 84

ORDER granting in part and denying in part 59 Motion in Limine. Signed by Judge Benjamin H. Settle. (MGC)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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Plaintiffs,

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NO. 3:12-cv-05247 BHS

ASHLEY FLEMING, et al.,

vs.
TOR BJORNSTAD, et al.,
Defendants.

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ORDER DENYING IN PART
AND GRANTING IN PART
DEFENDANTS’ MOTION IN
LIMINE REGARDING MENTAL
HEALTH EXPERTS FOR
PLAINTIFF
Present consideration date:
December 6, 2013

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PAUL FRENCH,
Plaintiff,

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vs.
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TOR BJORNSTAD, et al.,
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Defendants.
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THIS MATTER came before the Court on Defendants’ Motion in Limine

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Regarding Mental Health Experts for Plaintiff. The Court considered the records

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and files herein, including Plaintiff’s Response to Defendant’s Motion in Limine

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and Defendants’ Reply in Support of Motion in Limine Re Mental Health Experts

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for Plaintiff. Now, therefore,

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IT IS HEREBY ORDERED that Defendants’ Motion in Limine Regarding
Mental Health Experts for Plaintiff is denied in part and granted in part.
The motion is partially denied, in that plaintiff may testify regarding what

he claims to have felt and what he claims to have done as a result of the April 8,

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LAW, LYMAN, DANIEL,
KAMERRER & BOGDANOVICH, P.S.

ORDER - 1
U.S.D.C. No. 3:12-cv-05247 BHS

ATTORNEYS AT LAW
2674 RW JOHNSON RD., TUMWATER, WA 98512
PO BOX 11880, OLYMPIA, WA 98508-1880
[phone] FAX: [phone]

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2010 arrest and his father may testify regarding changes in plaintiff and the

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conduct of plaintiff that he claims to have personally observed after the April 8,

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2010 arrest. Neither may use the term “mental illness” or any like term that

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suggests mental illness.
The motion is granted, in that no further evidence or mention of mental
illness may be presented or mentioned to the jury in any fashion, including:
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any treatment or diagnosis of mental illness; and

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any disability status, such as Social Security Income, arising from
treatment or diagnosis of mental illness.

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DATED this 12th day of December, 2013.

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A

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BENJAMIN H. SETTLE
United States District Judge

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Presented by:
LAW, LYMAN, DANIEL,
KAMERRER & BOGDANOVICH
/s/ Donald L. Law
Donald L. Law, WSBA No. 6122
Attorney for Defendants
P.O. Box 11880
Olympia, WA 98508-1880
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
LAW, LYMAN, DANIEL,
KAMERRER & BOGDANOVICH, P.S.

ORDER - 2
U.S.D.C. No. 3:12-cv-05247 BHS

ATTORNEYS AT LAW
2674 RW JOHNSON RD., TUMWATER, WA 98512
PO BOX 11880, OLYMPIA, WA 98508-1880
[phone] FAX: [phone]