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Joseph Morrow v. City of Chicago

February 7, 2011

JOSEPH MORROW PLAINTIFF,
v.
CITY OF CHICAGO, A MUNICIPAL CORPORATION, CHICAGO POLICE OFFICERS K. FLAHERTY,
AND D. ANDRADE, CTA AGENT DON COLE PEEBLES, AND THE CHICAGO TRANSIT AUTHORITY, DEFENDANTS,



The opinion of the court was delivered by: Judge Sharon Johnson Coleman

Magistrate Judge Jeffrey

#13594,

#8182,

MEMORANDUM OPINION AND ORDER

The rulings on motions in limine made by previously assigned Judge Gettleman [103] will stand, except where the Court reserved rulings and where elaboration was necessary after this Court heard arguments on the motions.

I. Plaintiff's motionsin limineare granted in part, denied in part, and reserved in part as set forth below:

(3) To bar "improper" impeachment regarding plaintiff's methadone treatment and drug history [72] is DENIED in part. Before any drug history or usage is addressed, counsel are directed to request a sidebar and this Court will decide whether the evidence being offered supports Judge Gettleman's ruling.

(4) To bar "improper" impeachment regarding plaintiff's complaints to the Office of Professional Standards ("OPS") [73] is RESERVED. This Court limits the use, even for impeachment purposes, to the OPS complaint related to this incident and not any other OPS complaints the plaintiff may have filed.

(6) To bar any reference to "miscellaneous, irrelevant issues regarding witness Carolyn Suttle" [75] is granted in part and reserved in part. If Ms. Suttle testifies, the only way any mention of drugs will be permitted is if there is an admission from her that she used them, or an expert witness to testify to Ms. Suttle's drug use. Any mention of Ms. Suttle's prior drug use will be limited to her credibility as a witness. No gratuitous mention of her past drug use will be allowed.

(7) To bar witnesses not previously disclosed [125] is denied in part and granted in part. The motion is GRANTED as to the paramedics, Julie Burke and John White, and Lt. John Francis, and DENIED as to Brian Fleming and Karyn Usher.

(8) To bar reference to or display of the knife [126] is GRANTED.

II. Defendants City of Chicago and the individual Police Officers' motions in limine [86] are granted in part, denied in part, and reserved in part as set forth below:

(3) To bar evidence regarding a "Code of Silence" or a "Blue Wall" is GRANTED in part. The plaintiff must lay a foundation that there is a code of silence, but may cross examine witnesses regarding their propensity to protect other police officers.

(4) To bar evidence regarding other events of alleged police misconduct in the media or ...


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