Opinion
CIVIL ACTION 15-640-SDD-RLB
06-26-2018
DANNIE LAFLEUR (#600564) v. CAPTAIN VINCENT KNIGHT, ET AL.
RULNG
Before the Court is Plaintiff's Motion in Limine seeking to exclude Defendants' Exhibits 11, 12 and 19. No Opposition has been filed and the delays for filing same have passed.
Rec. Doc. 87.
Plaintiff moves to exclude Def Ex. No. 11, the record of the Administrative Remedy Proceedings ("ARP"), Def. Ex. No. 12, LSP's Disciplinary Reports pertaining to the incident which is the basis of the Complaint, and Def. Ex. No. 19, LSP's Investigative Report regarding the incident which is the basis of the Complaint.
Rec. Doc. 1.
The ARP record, the Disciplinary Report, and the Investigative Report are out-of-court statements and, to the extent that they are offered for the truth of the matters asserted therein, constitute hearsay evidence under Rule 801(c) of the Federal Rules of Evidence. The Motion is GRANTED without prejudice to the Defendants' urging an appropriate exception to the rule against hearsay, if any.
Johnson v. Cain, 2011 WL 2437608, at *2 (M.D.La. 2011).
Rec. Doc. 87. --------
Signed in Baton Rouge, Louisiana on June 26, 2018.
/s/ _________
JUDGE SHELLY D. DICK
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA