Free Response to Motion - 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.

OBJECTION TO MOTION IN LIMINE

COMES NOW Defendant, City of Colorado Springs ("City"), by and through the Office of the City Attorney, and submits the following opposition to motion in limine regarding Plaintiff's guilty plea and deferred sentence in case 03M4192, and as grounds therefore, states as follows: 1. Plaintiff's motion in limine requests that this Court enter an order preventing

Defendant from questioning Plaintiff about a guilty plea and deferred sentence in a 2003 case in which Mr. Hildenbrandt was charged with weapons prohibited and driving while under the influence. Exhibit A. Mr. Hildenbrandt was stopped by police in May, 2003, while operating a vehicle with a weapon in it after he had been drinking. Exhibit B. 2. In this case, Plaintiff claims that "he was prevented from exercising his rights

by a wrongful arrest and the over breadth of the secured area in which Plaintiff was not allowed even

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

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though he was not a terrorist nor a violent security risk." Final Pretrial Order, p. 2. Plaintiff, in his amended complaint, alleges that he is "committed to exercising his liberties and rights under the U.S. Constitution in a peaceful and nonviolent way." Amended Complaint, ¶ 5. Accordingly, Plaintiff is making an issue of his character for peace and nonviolence. 3. With the Plaintiff making these allegations, it is relevant that the Plaintiff had alcohol

and firearms charges pending against him at the time of the NATO conference.1 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

Plaintiff's sentencing hearing on case 03M4192 was on November 17, 2003. Plaintiff received a 24 month deferred sentence and was ordered to undergo level II alcohol education, perform 48 hours of community service, to pay court costs and to refrain from alcohol. Exhibit A. 2

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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 OBJECTION TO MOTION IN LIMINE 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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