Free Motion for Order - District Court of Colorado - Colorado

Case 1:04-cv-00020-MSK-BNB

Document 118

Filed 01/10/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 04-cv-00020-MSK-BNB DANA MARTINEZ, individually and on behalf of the minor children as next of kin and parent, JACOB MARTINEZ, a minor, ADAM MARTINEZ, a minor, MICHAEL MARTINEZ, a minor, SAMUEL MARTINEZ, a minor, ISAIAH MARTINEZ, a minor, PATRICE GOMEZ, a minor, GABRIELLE GOMEZ, a minor, ROMAN GOMEZ, a minor, Plaintiffs, v. THE LOCHBUIE POLICE DEPARTMENT, LOCHBUIE POLICE CHIEF JOE SISKAR, in his official and individual capacity, LOCHBUIE POLICE OFFICER MATT CLARK, in his official and individual capacity, LOCHBUIE POLICE OFFICER CONRAD VANEGAS, in his official and individual capacity, LOCHBUIE POLICE OFFICER TOM BACKER, in his official and individual capacity, Defendants. ______________________________________________________________________________ PARTIES' JOINT MOTION UNDER FED. R. EVID. 702 ______________________________________________________________________________ The parties, through their undersigned counsel, hereby request a determination regarding the admissibility of opinion testimony from Plaintiffs' expert Michael J. Palmiotto, Ph.D. Opinion 1 Violations of Police Procedures by the Lochbuie Police Department.

Case 1:04-cv-00020-MSK-BNB

Document 118

Filed 01/10/2006

Page 2 of 4

Objection to Opinion 1 Dr. Palmiotto lacks sufficient qualifications, or the knowledge, skill, experience, training or education sufficient to express the opinion stated; he did not obtain sufficiently reliable facts or data; he did not use reliable principles or methodologies; and he did not reliably apply the principles or methodology to the facts and data obtained. Opinion 2 Violations of Police Procedures by Officer Clark. Objection to Opinion 2 Dr. Palmiotto lacks sufficient qualifications, or the knowledge, skill, experience, training or education sufficient to express the opinion stated; he did not obtain sufficiently reliable facts or data; he did not use reliable principles or methodologies; and he did not reliably apply the principles or methodology to the facts and data obtained. Opinion 3 Violations of Police Procedures by Officer Sandoval. Objection to Opinion 3 Dr. Palmiotto lacks sufficient qualifications, or the knowledge, skill, experience, training or education sufficient to express the opinion stated; he did not obtain sufficiently reliable facts or data; he did not use reliable principles or methodologies; and he did not reliably apply the principles or methodology to the facts and data obtained. Opinion 4 Violations of Police Procedures by Officer Backer and others.

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Case 1:04-cv-00020-MSK-BNB

Document 118

Filed 01/10/2006

Page 3 of 4

Objection to Opinion 4 Dr. Palmiotto lacks sufficient qualifications, or the knowledge, skill, experience, training or education sufficient to express the opinion stated; he did not obtain sufficiently reliable facts or data; he did not use reliable principles or methodologies; and he did not reliably apply the principles or methodology to the facts and data obtained. Opinion 5 Violations of Police Procedures by Officers Sandoval, Robinson and Clark. Objection to Opinion 5 Dr. Palmiotto lacks sufficient qualifications, or the knowledge, skill, experience, training or education sufficient to express the opinion stated; he did not obtain sufficiently reliable facts or data; he did not use reliable principles or methodologies; and he did not reliably apply the principles or methodology to the facts and data obtained.

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Case 1:04-cv-00020-MSK-BNB

Document 118

Filed 01/10/2006

Page 4 of 4

Time Requested for Hearing The parties anticipate that the admissibility of these five opinions can be determined in a three (3) hour hearing. Respectfully submitted this 10th day of January, 2006.

s/ John W. McKendree John W. McKendree Law Offices of John W. McKendree, LLC 1244 Grant Street Denver, CO 80203-2306 Telephone: (303) 861-8906 FAX: (303) 861-7773 E-mail: [email protected] Attorney for Plaintiffs

s/ Eric M. Ziporin Eric M. Ziporin Senter Goldfarb & Rice, L.L.C. 1700 Broadway, Suite 1700 Denver, CO 80290 Telephone: (303) 320-0509 FAX: (303) 320-0210 E-mail: [email protected] Attorney for Defendants

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