Brandon Motton v. Cory Ruark, et al.

CourtDistrict Court, C.D. Illinois
DecidedNovember 20, 2025
Docket4:21-cv-04093
StatusUnknown

This text of Brandon Motton v. Cory Ruark, et al. (Brandon Motton v. Cory Ruark, et al.) is published on Counsel Stack Legal Research, covering District Court, C.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brandon Motton v. Cory Ruark, et al., (C.D. Ill. 2025).

Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS ROCK ISLAND DIVISION

BRANDON MOTTON, ) ) Plaintiff, ) ) v. ) Case No. 4:21-cv-04093 ) CORY RUARK, et al. ) ) Defendants. )

ORDER Plaintiff, then proceeding pro se, brought the present lawsuit pursuant to 42 U.S.C. § 1983 alleging a Fourteenth Amendment claim for failure to protect from harm. The matter comes before this Court for ruling on the parties’ respective motions in limine, (Docs. 137, 138), and other issues related to the upcoming trial. LEGAL STANDARD FOR MOTIONS IN LIMINE A district court has broad discretion in ruling on evidentiary questions presented before trial. Jenkins v. Chrysler Motor Corp., 316 F.3d 663, 664 (7th Cir. 2002). The moving party bears the burden of showing that the evidence sought to be excluded is clearly inadmissible for any purpose. Mason v. City of Chicago, 631 F. Supp. 2d 1052, 1056 (N.D. Ill. 2009). A district court may alter a pretrial ruling regarding the admissibility of evidence should it become necessary as the trial progresses. Perry v. City of Chicago, 733 F.3d 248, 252 (7th Cir. 2013). DEFENDANT’S MOTION IN LIMINE (DOC. 137) Motion in Limine No. 1 Defendant seeks an order barring “any lay witness from giving medical

opinions on diagnoses, causation, and the necessity of treatment regarding Plaintiff’s claims of injury.” (Doc. 137 at 3). A lay witness may offer opinion testimony to the extent that it is rationally based on the witness’ perception, helpful in determining a fact at issue, and not based upon scientific evidence. Fed. R. Evid. 701. Expert testimony is also not required “to assist jurors in determining the cause of injuries that are within their

common experiences or observations.” Hendrickson v. Cooper, 589 F.3d 887, 892 (7th Cir. 2009). Plaintiff may accordingly testify as to where he was struck during the incident in question, whether and in what part of his body he experienced pain thereafter, and the severity and duration of that pain. Defendant has not identified any specific expert or medical opinion testimony Plaintiff seeks to introduce at trial, aside from the fact that Plaintiff may use the terms “migraine” and “head pain”

interchangeably. Any issues arising from that testimony are likely to be resolved on cross examination. Defendant’s request is denied. Motion in Limine No. 2 Defendant seeks to admit evidence regarding Plaintiff’s criminal history. Defendant’s request is granted in part and denied in part as outlined in the Court’s ruling, infra, on Plaintiff’s Motion in Limine request no. 1 involving the same evidence. Motion in Limine No. 3

Defendant seeks to bar evidence regarding any indemnification he may receive from the County or payment of any judgment by the County’s insurer. Plaintiff does not object. The request is granted. See Fed. R. Evid. 411. Motion in Limine No. 4 Defendant seeks to bar Plaintiff from making “golden rule” or “guardians of the community” arguments or admitting evidence along these lines. A “golden rule”

argument is an argument “in which the jury is asked to put itself in the plaintiff’s position.” United States v. Teslim, 869 F.2d 316, 328 (7th Cir. 1989). A “guardians of the community” argument asks jurors to discharge their duties within the context of protecting the community. Smith v. City of Chicago, 2025 WL 1744919, at *23 (N.D. Ill., filed Jun. 24, 2025). Both arguments have been found improper. Id.; Teslim, 869 F.2d at 328 (a “golden rule” argument is “universally recognized as improper

because it encourages the jury to depart from neutrality and to decide the case on the basis of personal interest and bias rather than on the evidence.”). Plaintiff states that he does not intend to make either argument, see (Doc. 142 at 6), and, therefore, Defendant’s request is granted insofar as it relates to such arguments. The record does not disclose any specific testimony or evidence that would fall under these types of arguments. Defendant’s request is denied as to any other relief requested. Motion in Limine No. 5 Defendant seeks an order barring previously undisclosed witnesses, opinions, or documents. Plaintiff does not object. Defendant’s request is granted.

Motion in Limine No. 6 Defendant seeks an order barring argument or reference to punishing or “sending a message” to Rock Island County, the Rock Island County Sheriff’s Office, or law enforcement generally. Plaintiff states that he does not intend to assert an argument as it relates to these organizations or Defendant. Plaintiff objects as it relates to arguments regarding punitive damages.

Defendant’s request is granted to the extent that it seeks to bar argument as it relates to the organizations mentioned above. Defendant’s request is denied as to any other relief requested. Nothing in this Order shall prohibit Plaintiff from asserting arguments related to any factor properly considered with respect to punitive damages. Motion in Limine No. 7

Defendant seeks an order precluding improper character evidence against him, including disciplinary records and unrelated lawsuits filed against him. Defendant has not identified any specific information he seeks to exclude, and, absent such information, the Court finds that Defendant has not shown this information is not admissible for any purpose. Any determinations regarding the admissibility of this evidence are best reserved for trial. Defendant’s request is denied. Motion in Limine No. 8 Defendant seeks an order precluding an argument that Plaintiff waited a long time for justice or other reference to the length of time this case has been

pending. Plaintiff does not object. Defendant’s request is granted as it relates to arguments related to the passage of time. Motion in Limine No. 9 Defendant seeks an order precluding evidence or argument about alleged violations of jail policies. Plaintiff states that he intends to offer evidence “detailing Defendant’s violations of jail policies and procedures to demonstrate the actions of a

reasonable officer.” (Doc. 142 at 12). Plaintiff elaborates that he “should be permitted to introduce the policies to show that Defendant failed to conduct himself as a reasonable officer when allowing an inmate to go unescorted to his cell while Mr. Motton was on his one-hour out.” Id. at 13. “[A] violation of a jail policy is not a constitutional violation enforceable under 42 U.S.C. § 1983.” Pulera v. Sarzant, 966 F.3d 540, 551 (7th Cir. 2020). Because the objective reasonableness analysis requires the trier of fact to consider the facts and

circumstances specific to each case, the Seventh Circuit has held that evidence regarding institutional policies and the violations of same are not relevant to this inquiry. Thompson v. City of Chicago, 472 F.3d 444, 455 (7th Cir.

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