Opinion
Civil Action No. 5:08-CV-0318 (NAM/DEP)
01-20-2012
GREGORY THOMAS, Plaintiff, v. JAMES O'BRIEN, Syracuse Police Officer, OFFICER DADEY, OFFICE CUNNINGHAM, and SGT. RATHBUN, Defendants.
FOR PLAINTIFF : HINMAN, HOWARD LAW FIRM FOR DEFENDANTS: HON. MARY ANN DOHERTY, ESQ CITY OF SYRACUSE CORPORATION COUNSEL OF COUNSEL: PATRICK J. MAY, ESQ. JOE DOYLE, ESQ. JAMES McGINTY, ESQ. Assistant Corporation Counsel
APPEARANCES:
FOR PLAINTIFF:
HINMAN, HOWARD LAW FIRM
FOR DEFENDANTS:
HON. MARY ANN DOHERTY, ESQ
CITY OF SYRACUSE
CORPORATION COUNSEL
OF COUNSEL:
PATRICK J. MAY, ESQ.
JOE DOYLE, ESQ.
JAMES McGINTY, ESQ.
Assistant Corporation Counsel
DAVID E. PEEBLES
U.S. MAGISTRATE JUDGE
ORDER
Currently before the court in connection with this action, commenced by the plaintiff under 42 U.S.C. § 1983 alleging deprivation of his civil rights, is a motion by the defendants seeking a ruling in limine precluding plaintiff from offering proof at trial of the results of a statement suppression hearing and dismissal of criminal charges against the plaintiff, both of which relate to plaintiff's arrest on or about April 14, 2005, which is also the subject of this proceeding. Dkt. No. 65. Defendants' motion is opposed by the plaintiff. Dkt. No. 81.
Oral argument was conducted in connection with defendants' motion on January 18, 2012. At the close of argument I issued a verbal decision granting defendants' motion. Based upon the foregoing and the court's bench decision, which is incorporated herein by reference, it is hereby ORDERED as follows:
1) Defendants' motion in limine is GRANTED.
2) Plaintiff shall be precluded from adducing evidence, including testimony, at the trial of this matter relating to a) the state court determination suppressing evidence resulting from the arrest and search of the plaintiff on or about April 14, 2005, and b) the dismissal of the criminal charges resulting from that arrest.
Dated: January 20, 2012
Syracuse, NY
_________________
David E. Peebles
U.S. Magistrate Judge