Free Motion in Limine - District Court of Connecticut - Connecticut

Case 3:01-cv-01979-WWE

Document 95

Filed 09/14/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

KARL HOGFELDT v. OLD SAYBROOK POLICE DEPARTMENT, ET AL

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NO.: 3:01CV1979 (WWE)

SEPTEMBER 13, 2005

DEFENDANTS' MOTION IN LIMINE RE TESTIMONY AND OPINIONS OF LOUIS REITER Pursuant to Fed.R.Civ.P. 33 and 34, the defendants, OLD SAYBROOK POLICE DEPARTMENT, SERGEANT DONALD HULL, PATROLMAN DAVID PERROTTI, PATROLMAN CHRIS DEMARCO, PATROLMAN JAY RANKIN and the TOWN OF OLD SAYBROOK, move in limine for an order prohibiting the plaintiff from introducing any evidence on the following subjects: 1. 2. 3. 4. 5. Testimony and opinions concerning the sufficiency of medical treatment; The officers were deliberately indifferent to Hogfeldt's medical needs; Reiter's opinion that the force used was unreasonable; Reiter's opinion or any reference to a "cover up" or the "code of silence;" The injuries occurred at the police department.

In support of this motion, the defendants offer as follows: 1. His opinion are not beyond the knowledge of the average juror and , therefore, not helpful to the jurors; 2. 3. His opinions are irrelevant to the issues in this case; His opinion on the reasonableness of the force goes to the ultimate issue

Case 3:01-cv-01979-WWE

Document 95

Filed 09/14/2005

Page 2 of 3

and is not helpful to the jury because it merely tells the jury what result to reach; 4. 5. 6. His opinions express legal conclusions; His opinions are overly prejudicial; His opinions are not based upon sufficient information and are unreliable.

Consistent with D.Conn.L.Civ.R. 7(a), a memorandum of law in support of this motion is filed herewith. WHEREFORE, the defendants pray that their motion in limine is granted. THE DEFENDANTS, OLD SAYBROOK POLICE DEPARTMENT, SERGEANT DONALD HULL, PATROLMAN DAVID PERROTTI, PATROLMAN CHRIS DEMARCO, PATROLMAN JAY RANKIN AND THE TOWN OF OLD SAYBROOK

_____/s/ John J. Radshaw, III____ John J. Radshaw, III, ct 19882 HOWD & LUDORF, LLC 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 (860) 249-7665 (fax)

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Case 3:01-cv-01979-WWE

Document 95

Filed 09/14/2005

Page 3 of 3

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 13th day of September 2005. Bruce E. Newman, Esquire Newman, Creed & Associates 99 North Street, Route 6 P.O. Box 575 Bristol, CT 06011 A. Paul Spinella, Esquire Spinella & Associates One Lewis Street Hartford, CT 06103 _____/s/ John J. Radshaw, III____ John J. Radshaw, III

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