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Gibson v. Beer

June 12, 2009

ROBERT D. GIBSON, PLAINTIFF,
v.
BEER, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER FOLLOWING MOTIONS IN LIMINE HEARING HELD ON JUNE 12, 2009

NOTICE THAT DEFENDANTS' COUNSEL IS TO SEND COPY OF THIS ORDER TO PLAINTIFF BY FAX

(Docs. 380, 382, 386-389, 397)

I. Procedural History

Plaintiff Robert D. Gibson ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter is set for jury trial on June 16, 2009 at 8:30 a.m. on Plaintiff's remaining claims that defendants Beer, Gonzales and Hayward violated Plaintiff's Eighth Amendment rights by using excessive force against him, and that defendant Beer retaliated against Plaintiff for engaging in protected activities, in violation of the First Amendment. The events at issue allegedly occurred on March 31, 2004, at California State Prison - Corcoran.

On June 12, 2009, the Court held a hearing to resolve the parties' pending motions in limine. (Docs. 380, 382, 386, 387, 388, 389, 397.) Plaintiff Robert Gibson and defendants' counsel Kelli Hammond appeared by telephone. Based on the Court's rulings during the hearing, the following order issues.

II. Defendants' Motions in Limine to Exclude Plaintiff's Trial Exhibits

A. Plaintiff's Exhibits Not Listed in Pretrial Statement and Pretrial Order

Defendants request that Plaintiff be precluded from offering any exhibits that were not listed in Plaintiff's Pretrial Statement and in the Court's Amended Pretrial Order.

Plaintiff has submitted several proposed exhibits to the Court that are not listed in Plaintiff's Pretrial Statement and in the Court's Amended Pretrial Order. The parties were advised that only those exhibits listed in the Court's Amended Pretrial Order would be permitted to be offered into evidence. The parties are bound to follow the orders of the Court.

Defendants' request is granted.

B. Relevancy of Plaintiff's Listed Exhibits

1. Crime/Incident Report dated June 16, 2002

Plaintiff seeks to introduce a Crime/Incident Report dated June 16, 2002. Defendants contend that (1) Plaintiff has not presented evidence to authenticate it, (2) it is irrelevant, and (3) it contains inadmissible hearsay not subject to any exception.

The Crime/Incident Report is not relevant to the claims remaining in this action. Defendants' motion to exclude the document is granted.

2. Governor's Independent Panel Report dated June 30, 2004

During the hearing, Plaintiff argued that the Governor's Independent Panel Report is relevant to show a lack of accountability, supervision and oversight. Defendants contend that the report is irrelevant and that its probative value is substantially outweighed by the danger of unfair prejudice and confusion.

This action is proceeding to trial on Plaintiff's claims of excessive force against the three defendants, and claim of retaliation against defendant Beer only. The report is not relevant to the claims remaining in this action.

Defendants' motion to exclude the report is granted.

3. Special Master's Reports of John Hagar

Defendants contend that the reports and recommendations authored by Special Master John Hagar have no bearing on the claims at issue here and that their probative value is substantially outweighed by unfair prejudice, confusion, and delay.

The report concerns conditions at Pelican Bay State Prison. The events giving rise to the current action allegedly occurred at California State Prison - Corcoran. The ...


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