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

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 circumstances surrounding the departure of Officer Charles Broshous from the Colorado Springs Police Department. As grounds therefore, Defendant states as follows: 1. Officer Charles Broshous was a Colorado Springs police officer in October, 2003,

and was assigned to work security at the NATO conference. 2. Officer Broshous took the complaint of Detective Michaael Yeater, and of Sgt. Erik

Wykoff, a U.S. Marine also providing security, that the Plaintiff and Curt Curtis entered into the limited access area without authorization. Based on this information, Officer Broshous was directed to charge both the Plaintiff and Mr. Curtis with trespass. Officer Broshous wrote the trespass

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

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citations and served both the Plaintiff and Mr. Curtis with the same. The Plaintiff and Mr. Curtis were then transferred to another officer for transportation to a police substation where they were released. 3. Subsequent to the NATO conference, Officer Broshous departed the CSPD in a

personnel action taken by the City totally unrelated to this case. 4. A local newspaper reported that Officer Broshous may have taken inappropriate

photographs of persons detained or arrested. 5. Any evidence concerning the circumstances surrounding the personnel action

concerning Officer Broshous is irrelevant to this case under F.R.E. 401 and 402. Plaintiff's Fourth Amendment claim was dismissed by this Court, accordingly, Officer Broshous' limited involvement in this matter is not relevant to the remaining First Amendment claim. 6. Assuming for the sake of argument only, that the circumstances surrounding the

personnel action involving Officer Broshous had some sort of relevance to Plaintiff's First Amendment claim, such probative value would be substantially outweighed by the danger of unfair prejudice and confusion of the issues under F.R.E. 403. WHEREFORE, Defendant asks this Court for an order precluding Plaintiff from introducing any evidence concerning the circumstances of the personnel action involving Officer Broshous.

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

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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 CIRCUMSTANCES CONCERNING DEPARTURE OF OFFICER CHARLES BROSHOUS FROM THE COLORADO SPRINGS POLICE DEPARTMENT 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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