Gordon, Samterious v. Brown et al

Filing 96

ORDER that Plaintiff Samterious Gordon's motion in limine (dkt. 92 ) is GRANTED as set forth above. Defendants' motions in limine (dkt. 84 ) are GRANTED IN PART and DENIED IN PART as set forth above. Defendants' counsel is to provide plaintiff with a copy of his deposition no later than 5:00 p.m. on January 3, 2020. Signed by District Judge William M. Conley on 01/03/2020. (rks),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
SAMTERIOUS GORDON,
Plaintiff,

ORDER

v.
18-cv-176-wmc
LYNN DOBBERT, DREW CROSS and
JOSEPH FRAUNDORF,
Defendants.
This case is proceeding to trial on January 6, 2020. On January 3, the court held a
final pretrial conference. The court discussed, and the parties’ approved, the voir dire
questions and introductory jury instructions. The court reserved as to whether it will
include mitigation or contributory negligence jury instructions and questions on the verdict
form. The court also made several preliminary rulings on the parties’ trial exhibits, and
made the following rulings on the parties’ motions in limine:
•

Plaintiff Samterious Gordon’s motion in limine to preclude defendants
from introducing evidence regarding his canteen purchases (dkt. #92) is
GRANTED unless plaintiff opens the door by testifying to his being in
substantial pain and without pain medication before February 13, 2018,
when his tooth broke. Defendants’ counsel should confirm with the court
outside the presence of the jury that plaintiff has actually opened the door
before attempting to proffer any such evidence.

•

Defendants’ motion in limine #1 regarding discretionary immunity for
defendants Drew Cross and Joseph Fraundorf is GRANTED IN PART and
DENIED IN PART. To suceed on a state law claim against Cross and
Fraundorf, plaintiff must show that an exception to discretionary immunity
applies. In particular, he must show that Cross’s and Fraundorf’s conduct
was malicious, willful and intentional.

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•

Defendants’ motion in limine #2 to preclude plaintiff from introducing his
January 19, 2018, dental and health service requests is GRANTED IN
PART and DENIED IN PART. Plaintiff may introduce the evidence for
the limited purpose of providing context for his tooth breaking on February
13, 2018. In particular, he may state that his tooth had been bothering
him, that he had requested dental care and that he had been placed on the
waiting list to see a dentist when his tooth broke. However, he may not
rely on the dental and health service requests to argue that defendants
should have responded to his dental needs before February 13, that he was
in extreme pain without recourse between January 19 and February 13, that
defendants failed to treat his pain before February 13, or that defendants
are responsible for his tooth breaking.

•

Defendants’ motion in limine #3 to exclude evidence about the inmate
complaint examiner’s decision is GRANTED.

•

Defendants’ motion in limine #4 to exclude evidence of other legal
proceedings involving defendants is GRANTED.

•

Defendants’ motion in limine #5 to exclude evidence of other lawsuits
involving the Department of Corrections is GRANTED.

•

Defendants’ motion in limine #6 to exclude references to who pays for any
judgments is GRANTED.

•

Defendants’ motion in limine #7 to exclude the hearsay statements of other
inmates is GRANTED IN PART and DENIED IN PART. Plaintiff and his
witnesses may testify regarding statements that they heard the defendants
make, but plaintiff and his witnesses may not testify about what others told
them, at least for the truth of the matter asserted.

The parties should be prepared to discuss at 8:30 a.m. on Monday, January 6, any
remaining questions regarding exhibits on which the court reserved at the final pretrial
conference.

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ORDER
IT IS ORDERED that:
1. Plaintiff Samterious Gordon’s motion in limine (dkt. #92) is GRANTED as set
forth above.
2.

Defendants’ motions in limine (dkt. #84) are GRANTED IN PART and

DENIED IN PART as set forth above.
3. Defendants’ counsel is to provide plaintiff with a copy of his deposition no later
than 5:00 p.m. on January 3, 2020.

Entered this 3rd day of January, 2020.
BY THE COURT:
/s/
WILLIAM M. CONLEY
District Judge

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