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Ballard v. Immel

August 14, 2006

DAVID BALLARD, PLAINTIFF
v.
DAVID IMMEL, ET AL., DEFENDANTS



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 14th day of August, 2006, upon consideration of defendants' motion in limine (Doc. 84) to preclude plaintiff from presenting evidence or argument relating to punitive damages on his Eighth Amendment claim brought pursuant to 42 U.S.C. § 1983, averring that plaintiff did not set forth sufficient facts to establish entitlement to punitive damages in his response (Doc. 82)*fn1 to the order of court dated April 24, 2006 (Doc. 80), which directed plaintiff to provide the name and address of each witness and a detailed statement of the facts to which the witness would testify (see Doc. 80 ¶ 3),*fn2 and it appearing that plaintiff identified only defendants as his witnesses (see Doc. 82), and that plaintiff indicated that his statement of facts regarding defendants may be incomplete (see Doc. 82), and the court finding that it cannot discern whether plaintiff will be able to establish entitlement to punitive damages at trial, it is hereby ORDERED that the motion in limine (Doc. 84) to preclude plaintiff from presenting evidence or argument relating to punitive damages is DENIED.

CHRISTOPHER C. CONNER United States ...


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