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Taylor-Doyle v. Poehls

December 28, 2009

ANNESTRA TAYLOR-DOYLE, ET AL., PLAINTIFFS,
v.
DAVID POEHLS, ET. AL., DEFENDANTS.



The opinion of the court was delivered by: Michael M. Mihm United States District Judge

ORDER

This matter is now before the Court on Plaintiff, Annestra Taylor-Doyle ("Taylor-Doyle's"), Motion to Strike Testimony in Defendants' Motions for Summary Judgment. For the reasons set forth below, the Motion to Strike [#101] is DENIED.

JURISDICTION

The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1343 (a)(4), as the claims arise under the Civil Rights Act of 1871, 42 U.S.C.. The Court has supplemental jurisdiction over the related state law claims pursuant to 28 U.S.C. §1367.

FACTUAL BACKGROUND

On March 2, 2007, Plaintiff commenced this § 1983 action, arising from her allegedly false arrest on charges of battery. Five of the original parties have been subsequently dismissed from this matter. Currently before the Court are Motions for Summary Judgment filed by each of the remaining Defendants in this case: David Poehls ("Poehls"), Dean of Richwoods High School, and Peoria School District 150 ("District 150"); David Nelson ("Nelson"), Detective with the Peoria Police Department, and the City of Peoria, Illinois; and Steven Sizemore ("Sizemore"), Department of Children and Family Services Investigator. In their Motions, each Defendant references deposition testimony recalling the content of out-of-court conversations which occurred over the course of the Defendants' investigations into the allegations against Taylor-Doyle. Plaintiff now seeks to strike the following statements from the record as inadmissible hearsay:

1. Statements made by Shanna Taylor to Dean Poehls, Detective Nelson, and Investigator Sizemore accusing her mother of child abuse.

2. Shanna Taylor's recantation of the earlier accusations.

3. Shaun Taylor's statements during interviews with Detective Nelson accusing the Plaintiff of child abuse.

4. Statements made by Markie C., a student at Richwoods High School during an interview with Detective Nelson.

5. Statements made to Investigator Sizemore and Detective Nelson by L.T., Ky.T., and Ki.T.

6. Larissa Taylor's statements to Detective Nelson and Investigator Sizemore.

7. Cytella Atterbury's statements to Investigator Sizemore.

Plaintiff also challenges the admissibility of Defendants' testimony regarding the witness credibility assessments made ...


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