Reed v. City of Modesto
| Decision Date | 24 April 2015 |
| Docket Number | CASE NO. 1:11-CV-1083 AWI GSA |
| Parties | BRIAN REED, B.R., a minor, by her guardian ad litem, Roxanne Sayer, Plaintiffs v. CITY OF MODESTO, a municipal corporation, Chief of Police HARDEN, in his individual capacity; Police Officer RON ZIYA, Police Officer CAELI KOEHLER, in their individual and official capacities, Defendants |
| Court | U.S. District Court — Eastern District of California |
On December 30, 2010, police officers were called to the residence of Plaintiff Brian Reed and Susan Nava. Nava informed the police operator that Plaintiff Reed was suicidal and sought help to stop him from hurting himself. Upon arrival, Defendant Ron Ziya and Officer Caeli Koehler saw Nava and Plaintiff Reed inside; Plaintiff Reed had a knife. Nava exited the room. Defendant Ziya and Koehler told Plaintiff Reed to drop the knife but he did not comply. Plaintiff Reed took a small step toward the police officers and Defendant Ziya shot at him multiple times, hitting him twice. Another police officer, Michelle Baker, then arrived and shot a taser at Plaintiff Reed. Plaintiff Reed's minor daughter, Plaintiff B.R., was outside during this course of events. After the shooting, Plaintiff Reed lapsed into a coma for an extended period of time. Consequently, he does not have a firm recollection of these events.
Plaintiff Reed and Plaintiff B.R. filed suit under a federal claim of 42 U.S.C. §1983 alleging excessive force in violation of the Fourth Amendment and state law claims of battery,Cal. Civ. Code §52.1, and negligent infliction of emotional distress. All claims against Police Chief Harden and Officer Koehler were dismissed from this suit; the Section 1983 claims against Defendant City of Modesto were also dismissed. Doc. 119. The remaining defendants are Ron Ziya, on federal and state claims, and the City of Modesto, on the state law claims. This order deals with the second round of motions in limine filed by the parties. An earlier round of motions were heard and ruled on at a November 24, 2014 hearing. The trial, scheduled for December, had to be postponed as a criminal trial scheduled for the same day took precedence. The parties agreed to more depositions and a second set of motions in limine in light of the additional evidence. Oral argument on these motions in limine were held on April 20, 2015. After the hearing, Defendants filed an ex parte motion to have the trial bifurcated. Trial is scheduled to begin on Tuesday, April, 28, 2015.
Motions in limine may be "made before or during trial, to exclude anticipated prejudicial evidence before the evidence is actually offered." Luce v. United States, 469 U.S. 38, 40 n.2 (1984). Fed. Rule Evid. 403 states generally that, "The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence." "Although the Federal Rules of Evidence do not explicitly authorize in limine rulings, the practice has developed pursuant to the district court's inherent authority to manage the course of trials." Luce v. United States, 469 U.S. 38, 41 n.4 (1984). The parties must abide by the court's rulings but may ask for reconsideration as trial progresses. United States v. Bensimon, 172 F.3d 1121, 1127 (9th Cir. 1999), citing Luce v. United States, 469 U.S. 38, 41-42 (1984).
At the earlier hearing, Plaintiffs' first motion in limine (to exclude evidence Plaintiff Reed was 'huffing gas') was granted. Plaintiffs' five other motions in limine are discussed below.
Plaintiffs' second motion in limine sought to "preclude Defendants introducing any evidence at trial that Plaintiff BRIAN REED entered an alcohol treatment program around eight years ago or that he made some suicide threats at around that same time on the ground that such evidence would be irrelevant to any issue in the case and that even if it was relevant to some issue, its probative value would be substantially outweighed by its prejudicial effect to Plaintiff." Doc. 74, Plaintiffs Motion, 1:24-2:2. Defendants opposed the motion arguing the information was relevant to support Dr. Emily Keram's expert testimony on suicide by cop. Doc. 84, Defendants Opposition, 2:8-4:12. At the hearing, the motion was granted as "looking at the Graham v. Connor basic standards, any prior use of intoxicants, any prior drug or alcohol treatment programs, really does not fit within the parameters of the use of force analysis." Doc. 106, Transcript, 18:1-4.
Defendants seek reconsideration, arguing that this information is relevant in determining damages: Doc. 123, Defendants Motion, 3:22-4:3. Morgenthaler did not state that Plaintiff Reed's cognitive decline was due to any substance abuse but he did state that such activities could have that negative result:
Doc. 123-1, Morgenthaler Deposition, 41:17-21, 43:6-11, and 44:2-11 (5-7 of 8). The cause of Plaintiff Reed's cognitive decline is relevant to Plaintiffs' claim of damages. Though evidence of alcohol abuse and suicidal threats is highly prejudicial, that danger would not substantially outweigh probative value if appropriate evidence as to causation is presented.
Plaintiffs argue "At no time has Dr. Eric Morganthaler opined that Brian Reed's cognitive deficits might have been caused by abuse of alcohol or substance abuse of any kind." Doc. 143, Plaintiffs Addendum, 1:26-27. More importantly, Plaintiffs at the hearing stated that Morgenthaler was neither qualified nor being offered as an expert on the causes of cognitive decline but only an expert on measuring cognitive level; Dr. Jack Miller is a neurologist who will be testifying to the cause of Plaintiff Reed's decline. With this understanding of Morgenthaler's expertise and the limitation on his testimony, the statements made during his deposition are insufficient to properly raise the issue of causation. Defendants do not have any expert that could opine on Plaintiff Reed's condition. Defendants have not argued or presented evidence that Miller has stated in any way that substance abuse or mental illness was a potential cause of Plaintiff Reed's cognitive decline. In the absence of appropriate evidence to support causation, Plaintiff Reed's history of substance abuse and suicidal tendencies in the early 2000s should be excluded. Defendants' motion for reconsideration is denied; the motion in limine remains granted.
Plaintiffs' fourth motion in limine sought to exclude all reference to Plaintiff Reed's post-shooting alcohol and drug use. Doc. 103, Plaintiffs Motion, 2:8-11. Defendants opposed the motion, arguing that the information was relevant to Morgenthaler's finding of cognitive decline and to overall claims of damages for emotional distress. Doc. 108, Defendants Opposition, 5:11-26. At a hearing on December 2, 2014, the motion was denied without prejudice to being raised at a later time as the trial was being delayed and the parties agreed to take additional depositions. Doc. 113. Plaintiffs have now re-raised the issue as the fifth motion in limine. Doc. 141. The motion was filed eight days late, in violation of the court's order setting out a briefing schedule. Doc. 122. Consequently, Defendants did not have an opportunity to file an opposition. However, consideration of Plaintiff Reed's post-shooting use of alcohol and drugs involves the exact same analysis as Plaintiffs' second motion in limine. While post-shooting substance abuse is even more relevant to consideration of Plaintiff Reed's damages, Defendants have not made a sufficient proffer of evidence to allow this prejudicial information to be raised. Plaintiffs' motion is granted.
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