Free Motion in Limine - District Court of Delaware - Delaware

Case 1:04-cv-01394-GMS

Document 172

Filed 03/28/2006

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IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF DELAWARE CAPTAIN BARBARA L. CONLEY, Plaintiff, v. COLONEL L. AARON CHAFFINCH, Individually and in his official capacity as the Superintendent, Delaware State Police; et al. Defendants, ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1394-GMS

DEFENDANTS' MOTION IN LIMINE TO EXCLUDE EVIDENCE OF COLONEL CHAFFINCH'S STATUS AS A FREEMASON AND RELATED ISSUES AS TO FREEMASONRY
COMES NOW, the above-captioned Defendants, by and through their counsel, and hereby move this Honorable Court to enter an Order, in limine, determining that evidence of Defendant, Colonel L. Aaron Chaffinch's status as a member of the Freemasons and evidence as to Masonic practices is not admissible in this case. This evidence is of no relevance to the issues in this case and is otherwise not admissible for the reasons set forth herein and in the accompanying Opening Brief in Support of Defendants' Motion in limine as to this issue. 1. Plaintiff claims that she was the most qualified among 20 Delaware State Police troopers holding the rank of Captain to be appointed to the rank of Major. Plaintiff specifically claims that she was more qualified than Majors R.L. Hughes and Paul Eckrich, who got the two promotions at issue. Plaintiff claims that she was not promoted as a result of gender discrimination. Promotion to Major is a discretionary decision on the part of the Colonel. 2. Plaintiff's Amended Complaint includes an entire section addressing Defendant Chaffinch's status as a freemason. It is entitled "He [Chaffinch] is a member of an organization which excludes women." (Amd. Compl. D.I. 7, ¶¶ 31-35). The complaint makes various allegations about exclusionary practices of Masonic

Case 1:04-cv-01394-GMS

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Filed 03/28/2006

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organizations.1 At Chaffinch's deposition, he was questioned extensively about his Masonic beliefs and membership. Chaffinch depo. at pp. 12-24. (Exhibit A). Plaintiff's narrative interrogatory answers include a number of pages devoted to this subject. (D.I. 72 pp. 5, 7-8, 10-11). (Exhibit B). Retired Major David Baylor and Captain Glenn Dixon were also questioned about Chaffinch's membership in the Masons. 3. Evidence of Chaffinch's membership in this private organization and/or evidence of Masonic practices is of no relevance to Plaintiff's claims that she was best qualified to hold the rank of Major. Notably, neither of the comparators who got the promotions are members of the Masons. There is no evidence that Chaffinch used membership in this group or anything about this group in making his promotion decisions. The evidence is therefore not relevant and is inadmissible pursuant to F.R.E. 401 and 402. 4. Furthermore, evidence of Chaffinch's membership in the Masons is barred by F.R.E. 404(b) as it is being offered to prove propensity or "action in conformity" with Plaintiff's allegations as to Masonic beliefs or practices, which she characterizes as discriminatory. Plaintiff wishes to show that Chaffinch, in not choosing her for promotion, "acted in conformity" with the alleged discriminatory practices of Masonry. 5. The evidence is also inadmissible under Rule 610, as Freemasonry is a quasi-religious organization and Plaintiff is using Chaffinch's assumed belief in Masonic tenets to attack his credibility. 6. Finally, the evidence is not admissible under F.R.E. 403 as it has virtually no probative value in advancing the issues in this case, and whatever value it does provide is substantially outweighed by the danger of unfair prejudice, confusion of issues, undue delay and waste of time. WHEREFORE, for the foregoing reasons and the reasons set forth in Defendants' Opening Brief, Plaintiff's proffered evidence of Colonel Chaffinch being a member of the Freemasons and evidence of Masonic tenets and beliefs should be excluded from the evidence presented to the jury in this case.

1 No one has been offered as any sort of "expert" on the actual practices or tenets of Masonry. Indeed this would be difficult as it is a "secret society."

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DEPARTMENT OF JUSTICE STATE OF DELAWARE By: /s/Stephani J. Ballard RALPH K. DURSTEIN, III (I.D. No. 912) STEPHANI J. BALLARD (I.D. No. 3481) Deputy Attorneys General Carvel State Office Building 820 North French Street Wilmington, DE 19801 (302) 577-8400 Attorneys for Defendants, MacLeish Mitchell and Division of State Police LIGOURI, MORRIS & YIENGST

By: /s/ James E. Ligouri JAMES E. LIGOURI 46 The Green Dover, DE 19901 (302) 678-9900 Attorney for Defendant, L. Aaron Chaffinch

DATED: March 28, 2006

Case 1:04-cv-01394-GMS

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IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF DELAWARE CAPTAIN BARBARA L. CONLEY, Plaintiff, v. COLONEL L. AARON CHAFFINCH, Individually and in his official capacity as the Superintendent, Delaware State Police; et al. Defendants, ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1394-GMS

CERTIFICATE OF MAILING AND/OR DELIVERY The undersigned certifies that on March 28, 2006, she caused the attached, Defendants' Motion in Limine to Exclude Evidence of Colonel Chaffinch's Status as a Freemason and Related Issues as to Freemasonry, to be electronically filed with the Clerk of Court using CM/ECF which will send notification of such filing to the following: Thomas S. Neuberger, Esq. Stephen J. Neuberger, Esq. Two East Seventh Street, Suite 302 Wilmington, DE 19801 /s/ Stephani J. Ballard Stephani J. Ballard, I.D. #3481 Deputy Attorney General Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 (302)577-8400 Attorney for Defendants MacLeish, Mitchell and State Police