Opinion
1:10-CV-968 (MAD/TWD)
06-03-2021
BENNIE GIBSON, Plaintiff, v. BRAD IGRAHAM, Coxsackie Correctional Facility, and JASON YUNG, Coxsackie Correctional Facility, Defendants.
NIXON, PEABODY LAW FIRM DANIEL J. HURTEAU, ESQ. Attorneys for Plaintiff OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL KEITH J. STARLIN, AAG LAUREN ROSE EVERSLEY, AAG Attorneys for Defendants
NIXON, PEABODY LAW FIRM DANIEL J. HURTEAU, ESQ. Attorneys for Plaintiff
OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL KEITH J. STARLIN, AAG LAUREN ROSE EVERSLEY, AAG Attorneys for Defendants
ORDER
Mae A. D'Agostino, U.S. District Judge
On August 11, 2010, Plaintiff, Bennie Gibson, commenced this action, asserting claims arising out of his confinement at Coxsackie Correctional Facility. See Dkt. No. 1. On October 23, 2014, Magistrate Judge Dancks issues an Order and Report-Recommendation recommending the Court grant Defendants Maher, Allen, Bushane, and Schreurs' Motion for Summary Judgment. Dkt. No. 232. Judge Khan adopted Magistrate Judge Dancks' order on December 15, 2014. Dkt. No. 241. Following the Court's order, the only claims that remain are Plaintiffs claim for excessive force against Defendant Brad Ingraham and failure to protect against Defendant Jason Yung. See Dkt. Nos. 50, 232.
Currently before the Court is Defendants' pre-trial motion in limine. Dkt. No. 407. In their motion, Defendants have moved for the Court's permission to inquire into the essential facts of Plaintiff s felony convictions on cross-examination pursuant to Rule 609(a) of the Federal Rules of Evidence and also have moved for an instruction to the jury that, as a matter of fact and law, Plaintiff initiated the use of force on August 26, 2011. See Dkt. No. 407. Plaintiff filed a letter with the Court stating that he does not oppose Defendants' motion in limine. See Dkt. No. 409. As there is no objection, Defendants' motion is granted.
After carefully reviewing the entire record in this matter, the parties' submissions and the applicable law, and for the reasons stated herein, the Court hereby
ORDERS that Defendants' motion in limine (Dkt. No. 407) is GRANTED; and the Court further
ORDERS that the Clerk of the Court shall serve a copy of this Order in accordance with the Local Rules
IT IS SO ORDERED.