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Gilbert v. Cook

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 27, 2009

ALEX GILBERT, PLAINTIFF,
v.
TIMOTHY COOK, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

Before the Court is plaintiff's motion in limine 4 (Doc. 158). Plaintiff does not actually seek to limit the introduction of evidence. Rather, plaintiff seeks permission to introduce evidence and commentary regarding the "stairs incident," wherein the defendants allegedly tripped plaintiff as he was being escorted up to his cell, just before the defendants allegedly injured plaintiff during the process of placing him in his cell and removing he handcuffs. The defendants object that the "stairs incident" has already been found not to be a constitutional violation, and there was no continuous altercation because plaintiff has testified that "some time passed," because the defendants were having trouble with the key. (Doc. 166).

The "stairs incident" is not at issue in this action. However, evidence and commentary regarding the alleged tripping as plaintiff was being escorted to his cell will be permitted, as it is relevant as part of the res gestae-- the complete environment.

IT IS HEREBY ORDERED that the subject motion (Doc. 158) is GRANTED as detailed above.

IT IS SO ORDERED.

CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE

20090327

© 1992-2009 VersusLaw Inc.



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