United States District Court, N.D. Indiana, Fort Wayne Division
OPINION AND ORDER
R. CHERRY MAGISTRATE JUDGE.
matters are before the Court on Plaintiff's Motion in
Limine [DE 42] and Defendants' Motion in Limine [DE 44]
both filed with the Court March 2, 2018.
Court also considered the separate responses to each Motion
in Limine. No Replies were permitted.
determination of these issues the Court
ADJUDGES, and DECREES:
Federal Rule of Evidence 104 provides, in part:
“Preliminary questions concerning admissibility of
evidence shall be determined by the Court.” Motions in
Limine to exclude evidence prior to trial are subject to a
rigorous standard of review by the trial court. Courts may
bar evidence in limine “only when evidence is clearly
inadmissible on all potential grounds.” Dartey v.
Ford Motor Co., 104 F.Supp.2d 1017, 1020 (N.D. Ind.
2000) (quoting Hawthorne Partners v. AT&T Tech.,
831 F.Supp. 1398, 1400 (N.D. Ill. 1993)). If evidence does
not meet this standard, “the evidentiary rulings should
be deferred until trial so that questions of foundation,
relevance, and potential prejudice may be resolved in proper
context.” Id. (quoting Hawthorne, 831
F.Supp. at 1400). Often, the “better practice is to
deal with questions of admissibility of evidence as they
arise, presenting the issues in a specific context, rather
than excluding broad categories of evidence prior to
trial.” United States v. Phillips, No.
1:12-CR-872, 2014 U.S. Dist. LEXIS 79916* 5-6 (N.D. Ill. June
court's rulings in limine are preliminary in nature and
subject to change. In this Order the Court is not making
final determination on the admissibility of evidence. The
Court reserves the right to change these rulings during the
trial should the Court find that the evidence or arguments at
trial justify such change.
MOTION IN LIMINE
Plaintiffs' Motion in Limine paragraph 1:
Reference to Defendants' personal ability or inability to
pay a judgment in this case. GRANTED. (No
Plaintiff's Motion in Limine paragraph 2:
Reference to the City of Fort Wayne potentially indemnifying
the Defendants if there is a judgment in this case against
one or more of them.
Plaintiff's Motion in Limine paragraph 3:
Reference to any source of revenue available to the City of
Fort Wayne with which to pay civil judgments.