Free Response to Motion - District Court of Arizona - Arizona

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Kathleen L. Wieneke, Bar #011139 Jennifer L. Holsman, Bar #022787 JONES, SKELTON & HOCHULI, P.L.C. 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Telephone: (602) 263-1700 Fax: (602) 200-7858 [email protected] [email protected] Attorneys for Defendants City of Phoenix, Griffin, Dunn, Lynde and Monson UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Teresa August, et al, Plaintiff, v. The City of Phoenix, et al, Defendant. NO. CV03-1892-PHX-ROS DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION IN LIMINE NO. 11 RE: PHOENIX POLICE DEPARTMENT COMMANDER JEFFEORY G. HYNES

Defendants respond in opposition to Plaintiff's Motion in Limine No. 11 regarding Phoenix Police Department Commander Jeffeory G. Hynes, and requests that Plaintiff's Motion be denied for the reason that Commander Hynes has the appropriate qualifications and foundation to render the opinions contained in his report, attached to Plaintiff's Motion as Exhibit 2. Commander Hynes will not be providing any medical opinions, but will be testifying regarding the appropriateness of the officers' conduct as it relates to their police training and practice, and will offer the rather commonsense conclusion that given the arm bar hold technique that the officers were deploying on Plaintiff, as trained to them in the academy, Plaintiff would not have sustained any injury, had she not resisted. No medical expertise, no board certification in orthopedics, is

Case 2:03-cv-01892-ROS

Document 180

Filed 11/29/2006

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necessary to render such an opinion and, in fact, Commander Hynes will be calling on no such type of expertise in rendering this conclusion at trial. The "medical" conclusions will be reserved for the biomechanical expert, Dr. Carhart, who has a Ph.D. and has more than sufficient expertise in kinetics and the mechanics of the human body to explain how one's elbow can be dislocated when one resists arrest. Plaintiff's Motion should be denied. DATED this 29th day of November, 2006. JONES, SKELTON & HOCHULI, P.L.C.

By /s/Jennifer L. Holsman Kathleen L. Wieneke Jennifer L. Holsman 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants City of Phoenix, Griffin, Dunn, Lynde and Monson Electronically filed and served this 29th day of November, 2006, to: ALL PARTIES ON ELECTRONIC SERVICE LIST COPY mailed this same date to: The Hon Rosalyn O. Silver United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 624 401 West Washington Street, SPC 59 Phoenix, Arizona 85003

BY
1715229.1

s/Peggy Sue Trakes

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Case 2:03-cv-01892-ROS

Document 180

Filed 11/29/2006

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