Case No. 2:06-cv-10326.United States District Court, E.D. Michigan, Southern Division.
March 5, 2009
ORDER GRANTING PLAINTIFF’S MOTION IN LIMINE
AVERN COHN, District Judge
This matter came before the Court on plaintiff’s motion in limine with supporting brief (Docket #158), and at the Final Pretrial Conference, and the Court being duly advised,
IT IS HEREBY ORDERED that Plaintiff’s Motion in Limine is GRANTED.
IT IS FURTHER ORDERED that all evidence, argument and references relating to the following are barred and prohibited at trial:
A. Other than the one at issue in this case, all complaints, lawsuits and grievances that plaintiff Reeves, or other witnesses plaintiff may call to testify at trial, have filed against the Michigan Department of Corrections (“MDOC”) or its employees;
B. All major misconduct reports, disciplinary incidents and records, results of parole board proceedings, or other alleged bad acts of plaintiff Reeves or other witnesses plaintiff may call to testify at trial; and
C. Specific prior convictions of the witnesses plaintiff Reeves may call to testify at trial.
Defendants and their counsel shall not present any evidence, argument or references at trial relating to the above without prior approval of the Court. Defendants contend that evidence of the following
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lawsuits filed by plaintiff Reeves may be relevant in this case, and the Court will address these outside of the presence of the jury for a relevancy and admissibility determination if and when defendants’ counsel intends to raise them:
Fred Reeves #241575 v Smith, et al, USDC-WD Case No. 4:03-cv-50
Fred Reeves #241575 v Jensen, et al, USDC-WD Case No. 5:04-cv-194
Fred Reeves #241575 v Alexander, et al, USDC-WD Case No. 2:07-cv-125
Fred Reeves #241575 v Monroe, et al, USDC-WD Case No. 2:05-cv-169
IT IS FURTHER ORDERED that plaintiff Reeves and the other witnesses that he calls to testify at trial shall not be shackled while in the courtroom. Plaintiff Reeves shall wear civilian clothing at trial while in the courtroom.
Plaintiff shall provide an extra copy of plaintiff’s motion in limine with supporting brief and its exhibits to the chambers of Judge Cohn.
BARRIS, SOTT, DENN DRIKER, PLLC, Todd R. Mendel (P55447), Attorneys for Plaintiff, Detroit, Michigan.
Dawn C.M. Jack (P64635), Assistant Attorney General Corrections Division, Attorneys for Defendants, Lansing, MI.