United States District Court, S.D. Illinois
October 18, 2005.
EUGENE HORTON, Plaintiff,
DONALD SNYDER, et al., Defendants.
The opinion of the court was delivered by: CLIFFORD PROUD, Magistrate Judge
Before the Court is plaintiff's motion in limine directed to: a
May 14, 1997 disciplinary report; (2) plaintiff's disciplinary
history from 1971 through 1997; (3) disciplinary actions taken
between June 1, 1997, and July 22, 2003; (4) disciplinary
offenses dated October 8, 1997 and November 20, 1997, and a July
17, 1997 grievance regarding a May 14, 1997 disciplinary report;
and 5), mental health evaluations dated October 29, 2002, and
October 31, 2002, which purportedly contain unproven disciplinary
offenses. (Doc. 274). Defendants have responded, generally
objecting to plaintiff's motion. (Doc. 277).
Subsequent to the filing of defendants' response, plaintiff
filed a "Notice" stating: "All reference to dis. History should
be stricken from motion in limine," noting that issues
surrounding his disciplinary history can be resolved at trial.
(Doc. 282). Plaintiff has also withdrawn his retaliation claim.
(Doc. 315). The following issues remain for trial:
Defendants Snyder, Welborn and Hinsley violated
Plaintiff's Eighth Amendment rights when they: 1)
intentionally subjected the Plaintiff to foreseeable
physical and mental harm due to him being placed in a
single man cell and having to endure 30 minute bed
checks; and 2) exposing the Plaintiff to second hand
(Doc. 303, p. 2; and Doc. 316, p. 2). Therefore, the first,
second third and fourth items enumerated above are moot, as they related to disciplinary
actions prior to January 1, 1998, or otherwise pertain solely to
plaintiff's retaliation claim.
With respect to mental health records dated October 29, 2002,
and October 31, 2002, purportedly containing unproven
disciplinary offenses, defendants correctly observe that
plaintiff has placed his mental health status at issue, therefore
making those records generally relevant. At this juncture the
Court is unclear on exactly how defendants intend to use the
mental health records; evidentiary objections to the specifics of
those reports can be raised at trial if the situation arises.
IT IS HEREBY ORDERED that plaintiff's motion in limine (Doc.
274) is DENIED.
IT IS SO ORDERED.
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