Free Motion in Limine - District Court of Colorado - Colorado

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

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Filed 12/01/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-01126-MJW-PAC

BRIAN HILDENBRANDT, Plaintiff,

v. THE CITY OF COLORADO SPRINGS, a Colorado municipal corporation, Defendant.

MOTION IN LIMINE REGARDING ALL CIRCUMSTANCES RELATED TO THE ARREST, CHARGING AND DISPOSITION OF THE CHARGE OF TRESPASS AGAINST PLAINTIFF

COMES NOW Defendant, the City of Colorado Springs ("City"), by and through the Office of the City Attorney, and moves this Court to preclude any testimony concerning the arrest, charging and disposition of the charge of trespass against Plaintiff on October 8, 2003. As grounds therefore, Defendant states as follows: 1. Testimony regarding any of the circumstances concerning Plaintiff's arrest for

trespass on October 8, 2003, should be precluded from this trial. This would include the facts surrounding Plaintiff's arrest, the charging of the Plaintiff and the disposition of such charge. 2. The Plaintiff's Fourth Amendment claim was dismissed by this Court on September

19, 2005. Accordingly, there is no issue in this case concerning the lawfulness of Plaintiff's arrest.

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

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The only issue remaining in this case is whether the limited access area around the Broadmoor Hotel violated Plaintiff's First Amendment right of free speech. 3. Accordingly, all evidence concerning the arrest of the Plaintiff, including the charge

written against him and the disposition of such charge, is irrelevant to any material issue in this case under F.R.E. 401 and 402. 4. Furthermore, any possible relevance of such evidence is of such low probative value

as to be substantially outweighed by the danger of confusion of the issues and unfair prejudice under F.R.E. 403. WHEREFORE, Defendant asks for an order of this Court precluding Plaintiff from introducing evidence concerning the circumstances of his arrest on October 8, 2003, as well as the charges written against him and the disposition of the same.

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Dated this 1st day of December, 2005. Respectfully submitted, PATRICIA K. KELLY City Attorney/Chief Legal Officer Reg. No. 014408

s/Thomas J. Marrese Thomas J. Marrese Senior Attorney Reg. No. 15138 Colorado Springs City Attorney's Office 30 South Nevada Avenue, Ste. 501 P.O. Box 1575, Mail Code 510 Colorado Springs, Colorado 80901-1575 Telephone: (719) 385-5909 Facsimile: (719) 385-5535 E-mail: [email protected] Attorneys for Defendant City of Colorado Springs

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

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on December 1, 2005, I electronically filed the foregoing MOTION IN LIMINE REGARDING ALL CIRCUMSTANCES RELATED TO THE ARREST, CHARGING AND DISPOSITION OF THE CHARGE OF TRESPASS AGAINST PLAINTIFF with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: [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.) indicated by the non-participants name:

s/Tiffany M. Haywood Tiffany M. Haywood Legal Assistant Colorado Springs City Attorney's Office 30 South Nevada Avenue, Ste. 501 P.O. Box 1575, Mail Code 510 Colorado Springs, Colorado 80901-1575 Telephone: (719) 385-5909 Facsimile: (719) 385-5535 [email protected]

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