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Horton v. City of Harrisburg

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


November 18, 2009

CAROLYN HORTON, ET AL., PLAINTIFFS
v.
CITY OF HARRISBURG, ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 18th day of November, 2009, upon consideration of defendants' motion in limine (Doc. 61), wherein defendants request that the court exclude evidence or argument related to race, evidence or argument related to an alleged failure of the municipality to train defendant Lyda, and evidence or argument related to whether police tactics provoked a deadly encounter,*fn1 and upon consideration of plaintiffs' opposition (Doc. 67) to defendants' motion in limine,*fn2 and the court concluding that defendants' request that the court exclude all evidence and argument regarding race is overbroad, and that the probative value of evidence or argument relating to the municipality alleged failure to properly train its officers is not substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury,*fn3 and that plaintiffs should be permitted to present evidence regarding the circumstances that may have provoked the deadly encounter at issue in this case, to the extent that such evidence is relevant to an evaluation of the reasonableness of defendant Lyda's conduct, see Abraham v. Raso, 183 F.3d 279, 291 (3d Cir. 1999), it is hereby ORDERED that defendants' motion in limine (Doc. 61) is DENIED without prejudice to defendants' right to object to prejudicial, confusing, or misleading evidence presented at trial.

CHRISTOPHER C. CONNER United States District Judge


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