IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
October 19, 2009
DONNA DULL, PLAINTIFF
SEAN CONWAY AND NICHOLAS FIGGE, DEFENDANTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 19th day of October, 2009, upon consideration of plaintiff's motion in limine (Doc. 105), wherein plaintiff requests that the court exclude certain photographs of questionable content as evidence,*fn1 and upon further consideration of defendants' joint response (Doc. 109) to plaintiff's motion in limine,*fn2 and it appearing that the photographs at issue formed the basis of plaintiff's arrest from which plaintiff's claim of excessive force arises, and the court concluding that plaintiff's claim will require the jury to evaluate the reasonableness of the force used under "the totality of the circumstances," Kopec v. Tate, 361 F.3d 772, 776 (3d Cir. 2004), and the court further concluding that it would be premature to grant plaintiff's motion in limine (Doc. 105) at this time,*fn3 it is hereby
ORDERED that plaintiff's motion in limine (Doc. 105) is DENIED without prejudice to plaintiff's right to renew the request at trial.
CHRISTOPHER C. CONNER United States District Judge