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

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

Document 62

Filed 12/07/2005

Page 1 of 2

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 PRECLUDING ANY TESTIMONY CONCERNING THE CIRCUMSTANCES SURROUNDING THE DEPARTURE OF OFFICER CHARLES BROSHOUS FROM THE COLORADO SPRINGS POLICE DEPARTMENT COMES NOW the Plaintiff, Brian Hildenbrandt, by and through counsel, and files an objection to Defendant's Motion in Limine regarding precluding any testimony concerning the circumstances surrounding the departure of Officer Charles Broshous from the Colorado Springs Police Department and states: 1. The dismissal of Officer Charles Broshous from the Colorado Springs Police Department is directly relevant to his conduct and credibility as a police officer. 2. Evidence relating to Officer Broushous's dismissal from the police department is relevant because it shows his credibility and truthfulness under FRE 405(b) and 608(b). The jury should be entitled to hear evidence relating to Officer Broushous's credibility when making its findings of fact. WHEREFORE, Plaintiff asks for an Order of this Court denying Defendant's Motion in Limine regarding precluding any testimony concerning the circumstances surrounding the departure of Officer Charles Broshous from the Colorado Springs Police Department. 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

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

Document 62

Filed 12/07/2005

Page 2 of 2

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 7, 2005, I electronically filed the foregoing Objection to Motion in Limine Regarding Precluding Any Testimony Concerning the Circumstances Surrounding the Departure of Officer Charles Broshous from the Colorado Springs Police Department 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