United States District Court, D. Montana, Helena Division
L. Christensen, Chief District Judge United States District
pending are Defendants' Motion in Limine (Doc. 156),
Defendants' Amended Motion in Limine (Doc. 158) and
Plaintiff Duane Belanus's three Motions in Limine (Docs.
160, 176, 177), Motion for On-Call Procedures (Doc. 161),
Motion to Supplement/Amend Defendants (Doc. 170), Motion for
Judicial Notice (Doc. 174), and Motion to Issue Subpoena
MOTIONS IN LIMINE
Defendants' Motions in Limine
motions in limine will be granted and there shall be (1) no
reference to Defendants' insurance status; (2) no
reference to the Montana Association of Counties; (3) no
reference to offers to compromise; (4) Mr. Belanus is
prohibited from asking the jurors to put themselves in his
position and give him what they would want in this litigation
if they or their loved ones were similarly damaged; (5)
witnesses will not be allowed to offer testimony which
constitutes a legal opinion or conclusion and counsel/Mr.
Belanus shall not be allowed to elicit such testimony from
any witness; (6) no evidence will be admitted that was not
previously disclosed in discovery; (7) Mr. Belanus may not
use lay testimony to establish either cause or permanency of
alleged injuries; and (8) the parties may not comment or make
reference to any pretrial motion, including motions to
exclude evidence, in the presence of the jury.
Mr. Belanus's Motion in Limine A
Belanus requests that counsel be required to refer to Mr.
Belanus, inmate witnesses, and other individuals by name.
This request will be granted.
requests that general terms such as inmates or offenders not
be used when referencing day-to-day operations, rules, or
procedures. He asks that these individuals be referred to as
"incarcerated citizen" or "incarcerated
individual." This request is denied. The parties shall
be allowed to use common terms such as inmate or offender.
Mr. Belanus's Motion in Limine B
Belanus requests that counsel not be allowed to refer to Mr.
Belanus's filings and arguments made in other cases. Mr.
Belanus argues these other cases are irrelevant and would
only serve to confuse and prejudice the jury. This includes
reference to Mr. Belanus's criminal matter.
Court will grant this motion. Should either party believe
that reference to another proceeding is necessary at this
trial, they should seek permission to discuss the matter
outside the presence of the jury.
Court does note that the agreed facts presented in the
proposed pretrial order (which was not signed) makes
reference to the criminal charges for which Mr. Belanus was
convicted. (Doc. 183 at 3.) This issue will be discussed at
the final pretrial conference.
Mr. Belanus's Motion in Limine C
Belanus requests that Defendants be required to wear civilian
clothing during trial. This motion will be denied. Defendants
are law enforcement officers and as such have ...