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Dziuba v. Smith

United States District Court, E.D. Michigan, Southern Division

July 20, 2017

Bernard Dziuba, Plaintiff,
v.
Shane Smith, Defendant.

          Patricia T. Morris, Mag. Judge

          OPINION AND ORDER GRANTING DEFENDANT'S MOTION IN LIMINE [23] AND GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION IN LIMINE [22]

          JUDITH E. LEVY, UNITED STATES DISTRICT JUDGE

         This is an excessive force case arising out of a traffic stop on May 13, 2014. Plaintiff alleges that on that date, he was riding his motorcycle to his home in Alpena, Michigan, and that once he arrived, defendant pushed him to the ground, beat his head into the concrete floor of his garage, arrested him, slammed a car door into his legs, and refused him medical attention. (Dkt. 1 at 3.) Trial is set for August 23, 2017. Pending are plaintiff's (Dkt. 22) and defendant's (Dkt. 23) motions in limine.

         I. Plaintiff's Motion in Limine

         Plaintiff seeks to exclude the following information at trial:

1. His receipt of Social Security and Medicaid benefits since the 1990s.
2. Evidence of his two neck fusions and a knee injury resulting from a 1991 accident where plaintiff was hit by a car as a pedestrian, the accident itself, and the resulting lawsuit arising from the accident.
3. A 1999 surgery for non-Hodgkin's lymphoma involving his arms and neck.
4. An accident where plaintiff was on his bicycle and hit by a police car when he was six years old.
5. Evidence that plaintiff was riding his motorcycle on May 23, 2014, with a learner's permit and without the accompaniment of an authorized individual.
6. Evidence that plaintiff's son served prison time for a drug offense.
7. Evidence of plaintiff having previously severed his right thumb from his hand while working with cattle.
8. Evidence of the burning of plaintiff's eyes and eyelids while working at a muffler shop.
9. Evidence of plaintiff's possession of a medical marijuana card.
10. Evidence regarding plaintiff's reasons for filing this lawsuit.
11. Evidence regarding plaintiff's treatment for alcohol addiction and his history of alcohol use.
12. The breathalyzer results from the test taken on the date of the arrest.
13. Plaintiff's tattoos.
14. Evidence of plaintiff's criminal history.

         Defendant has agreed to exclude significant portions of the information outlined above. In light of this, the motion will be granted as to the information defendant has already agreed to exclude, including the lawsuit arising from the 1991 motor vehicle accident, the accident from when plaintiff was six months old, and the various portions of plaintiff's criminal history ...


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