The opinion of the court was delivered by: M. James Lorenz United States District Court Judge
ORDER ON MOTIONS IN LIMINE AND EVIDENTIARY OBJECTIONS
The parties' motions in limine came on for a hearing on August 22, 2008 at 11:00 a.m. Plaintiff appeared pro se. Terrence F. Sheehy, Esq. appeared on behalf of Defendants.
For the reasons stated on the record, IT IS HEREBY ORDERED:
1. Defendants' motion in limine to admit evidence if Plaintiff's convictions for burglary, robbery and unlawful taking of a vehicle is GRANTED with respect to Plaintiff's robbery conviction and DENIED in all other respects.
2. Defendants' motion in limine to exclude any reference at trial to Plaintiff's acquittal of criminal charges for the underlying incident on which Plaintiff sues is GRANTED with respect to related exhibits (Plaintiff's Exhibit F) and is in all other respects DENIED WITHOUT PREJUDICE to raising the same objection at trial.
3. Defendants' motion in limine to have Plaintiff shackled at trial is DENIED.
4. Plaintiff's motion in limine to appear before the jury unshackled and in civilian clothes is GRANTED. Plaintiff shall make his own arrangements regarding civilian clothing.
5. Defendants' motion in limine to authenticate the July 19, 2004 videotaped interview of Plaintiff is DENIED AS MOOT.
6. Defendants' motion in limine to exclude Plaintiff's witnesses not listed on the Joint Witness List is DENIED.
7. Defendants' motion in limine to exclude Plaintiff's exhibits not listed on the Joint Exhibit List is DENIED.
8. Defendants' motion in limine to exclude the testimony of attorney Scoville, investigator Wallet, Dr. Flood, and inmates Valenzo, Leon, and Montoya is GRANTED IN PART AND DENIED IN PART as follows:
a. as to attorney Scoville, inmate Leon and Dr. Flood, the motion is denied as
b. as to Dr. Weeks, the motion is denied without prejudice to raising the same objection at trial (as reflected on the record, Defendants intended to ...