United States District Court, N.D. New York
JAMIE S. DUDLEY, Plaintiff,
POLICE OFFICER WILLIAM F. HOLMES, Defendant.
RYAN P. BAILEY, ESQ., BAILEY, KELLEHER & JOHNSON, P.C., Albany, New York, Attorneys for Plaintiff.
JAMES A. RESILA, ESQ., CARTER, CONBOY LAW FIRM, Albany, New York, Attorneys for Defendants.
MEMORANDUM-DECISION AND ORDER
MAE A. D'AGOSTINO, District Judge.
Plaintiff commenced this action pursuant to 42 U.S.C. § 1983, alleging that Defendant violated his Fourth Amendment right to be free from excessive force by tasing him while he was being processed at the Glens Falls Police Station. See Dkt. No. 2. On November 13, 2012, Defendants moved for summary judgment. See Dkt. No. 15. In a September 6, 2013 Report-Recommendation and Order, Magistrate Judge Treece recommended that the Court (1) grant the motion as to Plaintiff's municipal liability claim against Defendant City of Glens Falls; (2) deny the motion as to Plaintiff's excessive force claim against Defendant Holmes; and (3) deny the motion as to Defendant Holmes' qualified immunity defense. See Dkt. No. 46 at 12. On September 23, 2013, the Court adopted the Report-Recommendation and Order.
Currently before the Court is Plaintiff's motion in limine seeking to preclude Defendant from (1) introducing evidence of his misdemeanor conviction for Menacing in the Second Degree and (2) referencing Plaintiff's prior misdemeanor and felony convictions. See Dkt. Nos. 75 at 83.
On May 8, 2011, the Glens Falls Police pulled over and arrested Plaintiff on a felony charge of driving while intoxicated. Plaintiff was taken to the Glens Falls Police Station where he was processed by Defendant Holmes in the Station's booking room. In the booking room, Plaintiff was handcuffed, shackled to the wall, and seated in a chair.
While seated in the chair, Plaintiff became agitated. During a conversation with Defendant, Plaintiff kicked a chair, stood up, grabbed the chair he had just kicked, and took an "aggressive posture" towards Defendant. See Dkt. No. 75 at 3. Defendant unsheathed his electronic control device ("ECD") and pointed it at Plaintiff. While Plaintiff appeared to be lowering the chair and sitting back down, Defendant deployed the ECD device, causing Plaintiff to fall to the floor. Plaintiff was then subdued by Defendant and other officers.
In response to this conduct, Plaintiff was charged with and eventually pled guilty to the charge of Menacing in the Second Degree.
A. Standard of review
The purpose of a motion in limine is to allow the trial court to rule in advance of trial on the admissibility of certain forecasted evidence. See Luce v. United States, 469 U.S. 38, 40 n.2 (1984); see also Palmieri v. Defaria, 88 F.3d 136, 141 (2d Cir. 1996). A court should exclude evidence on a motion in limine only when the evidence is clearly inadmissible on all potential grounds. See Baxter Diagnostics, Inc. v. Novatek Med., Inc., No. 94-cv-5220, 1998 WL 665138, *3 (S.D.N.Y. Sept. 25, 1998). Courts considering a motion in limine may reserve decision until trial so that the motion is placed in the appropriate factual context. See Nat'l Union Fire Ins. Co. v. L.E. Myers Co. Group, 937 F.Supp. 276, 287 (S.D.N.Y. 1996). Alternatively, the court is "free, in the exercise of sound judicial ...