Opinion
CIVIL ACTION NO. 1:10-cv-0477
01-13-2012
BRIAN S. KEENER, Plaintiff v. BRIAN M. TORKAR, individually and in his capacity as a Pennsylvania State Police Trooper, and SEAN TAYLOR, individually and in his capacity as a Pennsylvania State Trooper
(Judge Conner)
ORDER
AND NOW, this 13th day of January, 2012, upon consideration the motion (Doc. 28) in limine to preclude reference to any past nolo contendere plea by plaintiff Brian S. Keener ("Keener") to any charge levied by defendants and/or their employer, the Commonwealth of Pennsylvania, and it appearing that in Pennsylvania a nolo contendere plea cannot be used as an admission in any civil suit for the same act, see Eisenberg v. Com., Dept. of Public Welfare, 516 A.2d 333, 335 (Pa. 1986), and it further appearing that defendants concur in the motion (see Doc. 45), it is hereby ORDERED that:
1. Keener's motion (Doc. 28) is GRANTED.
2. Defendants shall not reference any past nolo contendere plea by Keener to any charge levied by defendants and/or their employer, the Commonwealth of Pennsylvania.
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CHRISTOPHER C. CONNER
United States District Judge