Free Brief in Opposition to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01126-MJW-PAC

Document 63

Filed 12/07/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-MW-1126 (PAC) BRIAN HILDENBRANDT, Plaintiff. v. THE CITY OF COLORADO SPRINGS, A Colorado Municipal Corporation, Defendant. OBJECTION TO MOTION IN LIMINE REGARDING ALL CIRCUMSTANCES RELATING TO THE ARREST, CHARGING AND DISPOSITION OF THE CHARGE OF TRESPASS AGAINST PLAINTIFF COMES NOW the Plaintiff, Brian Hildebrandt, by and through counsel, and files his objection to Defendant's Motion in Limine Regarding All Circumstances Related to the Arrest, Charging and Disposition of the Charge of Trespass Against Plaintiff and states: 1. The evidence relating to the arrest, charging and disposition of Plaintiff, Brian Hildenbrandt, is relevant under FRE 402. 2. This evidence demonstrates that there was, in fact, a security zone being enforced by the Colorado Springs Police Department. 3. This evidence demonstrates the manner in which Plaintiff's First Amendment right to assemble was violated (i.e., that he was not allowed in an area where he could rightfully and lawfully be, thus he was precluded from assembling). 4. This evidence is relevant to the issue of damages. The jury will have to consider compensation for damages including, but not limited to the Plaintiff's preclusion from assembling, arrest, detention, transportation to a police facility, abandonment at the police facility without transportation, embarrassment and humiliation. 5. Under to FRE 403 there is no danger of unfair prejudice, let alone a substantial danger of unfair prejudice due to the admission of this evidence. This evidence is, as all parties agree, evidence of the transaction that gives rise to Plaintiff's standing to bring this suit.

Case 1:04-cv-01126-MJW-PAC

Document 63

Filed 12/07/2005

Page 2 of 3

WHEREFORE, Plaintiff asks for an Order of this Court denying Defendant's Motion in Limine Regarding all Circumstances Related to the Arrest, Charging and Disposition of the Charge of Trespass Against Plaintiff. Dated this 7th day of December, 2005. MORAN & HEIM, P.C.

/s/ Michael W. Moran _________ Michael W. Moran, #26337 Geoff Heim, #26092 Attorneys for Plaintiff 220 East Costilla Avenue Colorado Springs, CO 80903 Phone: 719-636-9250 Fax: 719-389-0889 William Durland, #010807 Attorney at Law 515 W. Pikes Peak Ave. Colorado Springs, CO 80905 Phone: 719-635-8686 Fax: 719-635-8686 CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that December 6, 2005, I electronically filed the foregoing Objection to Motion in Limine Regarding All Circumstances Related to the Arrest, Charging and Disposition of the Charge of Trespass Against Plaintiff with the Clerk of Court for filing and uploading to the CM/EF system which will send notification of such filing to the following e mail address: [email protected] [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand-delivery, etc.)

/s/ Therese Smith________ Therese Smith

Case 1:04-cv-01126-MJW-PAC

Document 63

Filed 12/07/2005

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