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James Cole v. Lieutenant Munoz

April 1, 2013

JAMES COLE,
PLAINTIFF,
v.
LIEUTENANT MUNOZ, ET AL., DEFENDANTS.



ORDER REGARDING MOTIONS IN LIMINE (ECF Nos. 65, 66, 67, 68, 75, 86, & 108)

Plaintiff James Cole ("Plaintiff"), a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on March 13, 2009. This matter is set for jury trial on April 2, 2013.

On April 1, 2013, a telephonic pretrial hearing was held on motions in limine. Plaintiff telephonically appeared representing himself in the matter. Defense counsel Martha Stringer appeared in person on behalf of Defendants.

The Court makes the following ruling with regard to the pending motions in limine. For the reasons stated on the record at the hearing, the Court makes the following ruling with regard to the parties' motions in limine.

I. Plaintiff's Motion to Exclude DVD of June 19, 2007 Cell Extraction (ECF Nos. 75 & 86.)

Plaintiff objects to Defendants showing the DVD of the June 19, 2007 cell extraction as irrelevant and highly prejudicial.

Ruling: For the reasons stated on the record, the Court grants Plaintiff's motion in limine.

The events of the June cell extraction are not relevant to the alleged excessive force and retaliation that occurred in September 2007. Fed.R.Evid. 401 and 402. However, if at any time during trial this evidence becomes relevant, the parties shall first notify the Court of its relevancy prior to its admission and/or use.

II. Defendants' Motion to Exclude Any Reference to Source of Judgment (ECF No. 65.)

Defendants moved to exclude any reference to whether the State of California or CDCR would be liable for paying any verdict for compensatory damages against Defendants.

Ruling: For the reasons stated on the record, the Court grants Defendants' motion in limine because such evidence is irrelevant at trial. Fed.R.Evid. 401 and 402.

III. Defendants' Motion to Preclude Witnesses From Testifying About Unrelated Matters (ECF No. 66.)

Defendants object to the introduction of evidence or other testimony concerning matters unrelated to the present case.

Plaintiff seeks evidence regarding the general culture of excessive and unnecessary force, harassment, and systematic retaliation in Corcoran prison.

Ruling: For the reasons stated on the record, the Court grants Defendants' motion in limine because such evidence is irrelevant ...


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