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. 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. ___________________________________ _ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV03-1892 PHX ROS

PLAINTIFFS' MOTION IN LIMINE NO. 15 RE: ADDITIONAL ALLEGED BAD ACTS OF TERESA AUGUST

Plaintiff Teresa August moves to exclude from trial evidence of her collateral
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and irrelevant interactions with witness Sam Hickey that occurred on previous
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occasions.
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Specifically, during his deposition Mr. Hickey was asked about Mrs.

August's prior instances in which she was upset with his behavior (EXHIBIT 1,
Case 2:03-cv-01892-ROS

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December 9, 2004 deposition of Sam Hickey, 25:24-26:14). Mr. Hickey replied that in the past, a "couple of other times I had done the same thing, been oppositional," Mrs. August would get mad and throw things. Id. "A couple of other times" does not establish a character trait or a pattern, and the comment is highly prejudicial. None of these prior incidents are admissible under Rule 404(b), as character evidence, or Rule 608(b), prior bad acts that are probative of truthfulness. The

incidents are irrelevant, prejudicial and simply do not involve honesty or truthfulness. Therefore, any reference to Mrs. August's previous moments of "instability" or her throwing objects should not be admitted in evidence. DATED this 4th 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 4, 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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