Free Motion in Limine - District Court of Arizona - Arizona

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Daniel B. Treon ­ 014911 Kelly Jo - 021525 TREON & SHOOK, P.L.L.C. 2700 North Central Avenue, Suite 1000 Phoenix, Arizona 85004 Telephone: (602) 265-7100 Facsimile: (602) 265-7400 Attorney for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA TERESA AUGUST, a single woman, MARK AUGUST and JANE DOE AUGUST, husband and wife, for themselves and as parents and guardians for their minor child, MARCUS DAKOTAH AUGUST Plaintiffs, vs. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV03-1892 PHX ROS

PLAINTIFFS' MOTION IN LIMINE NO. 17 RE: TESTIMONY OF SGT. WYCOFF

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CITY OF PHOENIX, a body politic of the State of Arizona; OFFICER LYLE MONSON and JANE DOE MONSON, husband and wife; OFFICER NICHOLAS LYNDE and JANE DOE LYNDE, husband and wife; OFFICER TOBY DUNN and JANE DOE DUNN, husband and wife; OFFICER T. HEDGECOKE and JANE DOE HEDGECOKE, husband and wife; and R. GRIFFIN and JANE DOE GRIFFIN, husband and wife Defendants. ___________________________________ _

Plaintiff Teresa August moves to exclude from trial any testimony by Sgt. Wycoff regarding whether he sought input from Teresa August regarding her excessive use of force complaint, and whether he heard from Sgt. Tomory about Mrs. August's alleged declination to give an interview. -1Document 259

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Sgt. Wycoff was assigned to respond to Mrs. August's use of force complaint on or about June 11, 20021. His report was due on July 25, 2002. He wrote a Use of Force report on July 15, 2002 (Plaintiff's Trial Exhibit #55). Wycoff's report mentions no contact with Mrs. August, nor any effort to make such contact2. Sgt. Griffin testified at trial that he communicated with Sgt. Wycoff regarding the incident with Mrs. August, and that Sgt. Wycoff also had available to him to review the officers' reports. Sgt. Griffin denied telling Sgt. Wycoff that the officers caused Mrs. August's elbow injury. Plaintiff intends to call Sgt. Wycoff to impeach Sgt. Griffin and to establish that his report, based entirely on input from Sgt. Griffin (verbal) and the officers' reports (written), stated, concluded and established that the officers caused the elbow dislocation (report reads, "cause of injury: officer"). Plaintiff is concerned, however, that Sgt. Wycoff will attempt to inject into his explanation of his report information about Sgt. Tomory's efforts to interview Mrs. August, specifically, that Sgt. Tomory was not allegedly able to interview her because she decline to be interviewed. Sgt. Tomory was not assigned to the August

complaint until July 31, 20023 - about two weeks after Sgt. Wycoff's investigation and report - and so his efforts to interview Mrs. August occurred well after Sgt. Wycoff's interview of Sgt. Griffin, review of the officers' written reports, and writing of his own

EXHIBIT 1, Professional Standards Bureau Administrative Complaint Tracking Log. EXHIBIT 2, Sgt. Wycoff's July 15, 2002 report. EXHIBIT 3, Sgt. Tomory's investigation notes, AUGUST 1623-26
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report. Anything that occurred during Sgt. Tomory's investigation, therefore, could not have had any effect on Sgt. Wycoff's investigation and should not come in evidence. DATED this 16th day of January, 2007. TREON & SHOOK, P.L.L.C. By: s/ Daniel B. Treon Daniel B. Treon Kelly Jo Attorney for Plaintiffs

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CERTIFICATE OF SERVICE
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I hereby certify that on January 16th, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic to the following CM/ECF registrants: Daniel B. Treon: Kathleen Wieneke: [email protected]; [email protected] [email protected]; [email protected]; [email protected] [email protected]; [email protected] [email protected]; [email protected]

Jennifer L. Holsman: Randall H. Warner:

By:

s/ Aly Shomar-Esparza

Case 2:03-cv-01892-ROS

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