Free Motion in Limine - District Court of Connecticut - Connecticut

Case 3:00-cv-00052-RNC

Document 101

Filed 06/01/2005

Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MARGARET COWAN, ADMINISTRATRIX OF THE ESTATE OF VICTORIA COOPER v. MICHAEL BREEN : : : : : : :

NO.: 3:00 CV 0052 (RNC)

MARGARET COWAN, ADMINISTRATRIX OF THE ESTATE OF VICTORIA COOPER v. NORTH BRANFORD

: : : : : : :

NO.: 3:01 CV 0229 (RNC)

JUNE 1, 2005

DEFENDANTS' MOTION IN LIMINE RE DR. JAMES J. FYFE The defendants, MICHAEL BREEN and TOWN OF NORTH BRANFORD, move in limine for an order prohibiting the introduction of evidence or testimony on the following subjects: 1. The testimony of James J. Fyfe

In support of this motion, the defendants offer as follows: 1. So much of Dr. Fyfe's opinion that makes credibility determinations or relies on the same must be precluded as it invades and usurps the province of the jury

Case 3:00-cv-00052-RNC

Document 101

Filed 06/01/2005

Page 2 of 4

2.

So much of Dr. Fyfe's opinion that states Officer Breen's actions were unreasonable, unjustifiable or otherwise couched in a legal standard must be precluded as it invades and usurps the province of the jury

3.

Dr. Fyfe's opinion that Officer Breen's failure to call for backup was a direct and proximate cause of Victoria Cooper's death must be precluded as it wildly speculative, is inconsistent with established law, and amounts to nothing more than junk science.

4.

Dr. Fyfe's opinion on the liability of the Town of North Branford must be precluded because it is conclusory, unsupported by any evidence, is inconsistent with established law, and amounts to nothing more than junk science.

5.

Dr. Fyfe's opinion that Officer Breen's conduct should be evaluated by including all the events preceding the shooting is irrelevant, immaterial and any probative value is outweighed by the prejudicial effect.

6.

Dr. Fyfe's opinion that Officer Breen violated a regulation or policy of the Town of North Branford police department is irrelevant, immaterial and any probative value is outweighed by the prejudicial effect.

The defendants have filed herewith a memorandum of law in support of this motion.

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Case 3:00-cv-00052-RNC

Document 101

Filed 06/01/2005

Page 3 of 4

WHEREFORE, the defendants, MICHAEL BREEN and TOWN OF NORTH BRANFORD, pray that their motion in limine is granted. THE DEFENDANTS, MICHAEL BREEN and TOWN OF NORTH BRANFORD /s/John J. Radshaw, III Thomas R. Gerarde, ct5640 John J. Radshaw, III, ct19882 Jeffery E. Potter, ct26356 HOWD & LUDORF 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 (860) 249-7665 (fax)

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Case 3:00-cv-00052-RNC

Document 101

Filed 06/01/2005

Page 4 of 4

CERTIFICATION This is to certify that a copy of the foregoing has been sent, handling charges prepaid, via U.S. Mail to the following counsel of record this 1st day of June, 2005.

David N. Rosen, Esquire Rosen & Dolan, PC 400 Orange Street New Haven, CT 06511

/s/John J. Radshaw, III Thomas R. Gerarde John J. Radshaw, III Jeffery E. Potter

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