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Allen v. Reposky

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


March 17, 2010

ANTHONY C. ALLEN, PLAINTIFF(S),
v.
GEORGE REPOSKY, ET AL. DEFENDANT(S).

The opinion of the court was delivered by: Arthur J. Schwab United States District Judge

ELECTRONICALLY FILED

Order on Motions in Limine

And now, this 17th day of March, 2010, after reviewing the parties respective motions in limine (doc. nos. 129, 131, 133 and 137) and responses thereto, it is hereby ORDERED as follows:

(1) Plaintiff's Motion in Limine to Exclude Evidence of Plaintiff's Criminal Record (doc. no. 129) is GRANTED.

(2) Plaintiff's Motion in Limine to Exclude Evidence of Plaintiff's Unrelated Prison Misconduct Record and Grievances Filed (doc. no. 131) is GRANTED.

(3) Plaintiff's Motion in Limine to Permit Testimony and/or Evidence Relating to Reposky and Stoner's Terminations from the Pennsylvania Department of Corrections (doc. no. 133) is DENIED.

(4) Defendants' Omnibus Motion in Limine (doc. no. 137) is GRANTED IN PART AND DENIED IN PART. As to Subsections A and B, said motion is GRANTED.*fn1 Testimony shall be limited to accounts of the events that occurred on October 16, 2005 only and evidence regarding prior discipline of defendants Reposky and Stoner should be excluded (see above ruling on doc. no. 133). As to Subsection C, said Motion is DENIED, and only the redacted version of the Office of Professional Responsibility (OPR) investigation shall be introduced at trial.

The Parties shall file Revised Will Call Witness Lists and Revised Joint Exhibit List/Chart with an updated exhibit binder hand delivered to the Court in conformance with the Rulings of this Court on the Motions in Limine no later than 5:00 p.m. on March 17, 2010.

Counsel for the parties are responsible for making certain that their witnesses conform to this Order of Court and the rulings herein relating to admissibility/non-admissibility of evidence.

SO ORDERED this 17th day of March, 2010.


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