Watson v. City of Burton, 17-11833. (2018)
Court: District Court, E.D. Michigan
Number: infdco20180606c39
Visitors: 6
Filed: Jun. 05, 2018
Latest Update: Jun. 05, 2018
Summary: ORDER R. STEVEN WHALEN , Magistrate Judge . Plaintiff, who has filed a pro se civil complaint, brings a motion in limine to exclude any reference to Defendants having evidence against him [Doc. #62]. Plaintiff has brought claims of false arrest and false imprisonment, an element of which is the absence of probable cause. Because the Defendants would therefore have to prove that there was probable cause for the Plaintiff's arrest, it would be anomalous to preclude them from offering evid
Summary: ORDER R. STEVEN WHALEN , Magistrate Judge . Plaintiff, who has filed a pro se civil complaint, brings a motion in limine to exclude any reference to Defendants having evidence against him [Doc. #62]. Plaintiff has brought claims of false arrest and false imprisonment, an element of which is the absence of probable cause. Because the Defendants would therefore have to prove that there was probable cause for the Plaintiff's arrest, it would be anomalous to preclude them from offering evide..
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ORDER
R. STEVEN WHALEN, Magistrate Judge.
Plaintiff, who has filed a pro se civil complaint, brings a motion in limine to exclude any reference to Defendants having evidence against him [Doc. #62]. Plaintiff has brought claims of false arrest and false imprisonment, an element of which is the absence of probable cause. Because the Defendants would therefore have to prove that there was probable cause for the Plaintiff's arrest, it would be anomalous to preclude them from offering evidence to support that defense. Indeed, such ruling would have serious due process implications, in that it would effectively deprive Defendants of a defense by removing a critical factual question from the jury's consideration.
In addition, a summary judgment motion is pending, so a motion in limine at this point is premature.
Accordingly, Plaintiff's motion is limine [Doc. #62] is DENIED.
IT IS SO ORDERED.
Source: Leagle
