UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:18-cv-00586-RJC-DSC
JANE DOE, ) ) Plaintiff, ) ) v. ) ) Order CHARLOTTE MECKLENBURG BOARD OF ) EDUCATION and CITY OF CHARLOTTE, ) ) Defendants. ) )
THIS MATTER comes before the Court on the Parties’ motions in limine. (Doc. Nos. 229, 232, 239, 243, 244, 248, 252, 254, 255, 256, 258, 259). In the interest of providing the parties with the Court’s rulings ahead of trial, the Court below lists the Parties’ relevant filings by docket number, a summary of the request, and the Court’s ruling. I. OVERLAPPING REQUESTS
Doc. No. Request Ruling The Plaintiff’s request is GRANTED IN PART and DENIED IN PART. The Defendants’ requests are Plaintiff’s Request: The Court should admit GRANTED IN PART and DENIED testimony and records of prior instances of student IN PART. The Court will allow sexual assault and harassment reports at Myers Park evidence related to the Jill Roe and the High School (“MPHS”). S.B. incidents in 2014, subject to certain 244; 232; limitations. The testimony and other 239 Defendants’ Request: The Court should exclude evidence related to these incidents is evidence of other students’ claims or incidents of limited to substance of the reports of sexual misconduct at Myers Park High School or these incidents to Defendants CMS CMS schools. and/or the City and their employees, the receipt of such reports by Defendants and their employees, and Defendants and their employees’ acts or omissions Doc. No. Request Ruling in response to those reports. The Court will also allow evidence related to the Fall 2015 school assembly involving Principal Bosco.
During the presentation of this evidence the Court will be mindful of its obligations under Fed. R. Evid. 611 and its discretion under Fed. R. Evid. 403. As such, the Court may, on objection or sua sponte, exclude evidence if it becomes a waste of time, ineffective for the jury to determine the truth, causing harassment or undue embarrassment, cumulative, confusing, misleading, or if it is presented in a manner causing unfair prejudice.
The Court will not allow presentation of evidence regarding the G.B. incident in 2016. Fed. R. Evid. 401; Fed. R. Evid. 402; Fed. R. Evid. 403.
The Court will exclude the declarations Plaintiff seeks to admit as inadmissible hearsay. Fed. R. Evid. 802. Additionally, the Court will exclude the deposition Plaintiff seeks to admit because Plaintiff did not file the testimony from Stacey Weinstein’s deposition in accordance with the requirements in the Court’s case management Order.
The Court will consider objections to any other specific evidence or testimony at trial. Plaintiff’s Request: The Court should admit evidence of the Internal Affairs Bureau (“IAB”) of Plaintiff’s request is DENIED. the Charlotte Mecklenburg Police Department Defendant’s request is GRANTED. (“CMPD”) for School Resource Officer Bradley 243; 239 Fed. R. Evid. 401; Fed. R. Evid. 402; Leak. Fed. R. Evid. 403.
City’s Request: The Court should exclude evidence of Officer Bradley Leak’s prior IAB history. II. PLAINTIFF’S REQUESTS
Doc. No. Request Ruling The Court should take the following protective measures during trial: (1) an admonishment to each and every witness called to the stand to abide by the Order by using (a) the designated pseudonyms for GRANTED IN PART. The Court will Ms. Doe and her family, and (b) the initials of former not admonish the witnesses called to the MPHS students; (2) require the Parties to redact all stand to abide by the Protective Order. personal identifying information of Ms. Doe and her 229 Instead, the lawyers are instructed to family in exhibits publicly displayed during the trial; admonish every witness they call to the and (3) to prohibit any photographs or unauthorized stand to abide by the Protective Order. recordings of Ms. Doe, her family members, or Otherwise, GRANTED. former MPHS student witnesses, as well as other efforts by the media (or any “citizen journalists” present) from publicizing their descriptions or otherwise seeking to identify them. The Court should exclude evidence or testimony concerning the CMPD IAB investigation and any subsequent findings made during the related Chain GRANTED. 248 of Command Review Board with respect to SRO Fed. R. Evid. 403. Leak’s conduct related to the incident involving Plaintiff. The Court should exclude evidence or testimony GRANTED. 252 regarding the criminal conviction of Jane Doe’s Fed. R. Evid. 609; Fed. R. Evid. 403. father, Mr. Doe, from 1998. The Court should exclude evidence or testimony regarding the U.S. Department of Education’s Office of Civil Rights (“OCR”) Letter of Findings arising GRANTED. 254 out of the Title IX complaint Ms. Doe and her Fed. R. Evid. 403. parents filed against CMS in 2016, and any related evidence or testimony concerning the same. GRANTED. The Court is excluding The Court should exclude Stephanie McKinney, the OCR Findings, such that calling 255 CMS’s Title IX Coordinator, from testifying. Stephanie McKinney for Defendant’s requested purpose is unnecessary. The Court should exclude evidence or testimony DENIED. 256 regarding text messages between Ms. Doe and Q.W. Fed. R. Evid. 401; Fed. R. Evid. 402; exchanged prior to November 3, 2015. Fed. R. Evid. 801. The Court should instruct the jury that it may draw 258 adverse inferences against CMS and the City based DENIED. on their destruction and failure to preserve: Doc. No. Request Ruling Security camera footage showing Q.W. and Ms. Doe on campus prior to the alleged kidnapping and sexual assault on Ms. Doe on November 3, 2015; All investigative records and disciplinary files related to this event by AP Anthony Perkins—the administrator charged with investigating the incident; All CMS’s disciplinary records for student sexual assault reports at MPHS and the adjacent woods prior to October 2016, which were routinely destroyed by officials; and The audio recording of Detective Banner’s November 12, 2015 Interview with Jane Doe.
III. DEFENDANT CMS’S REQUESTS
Doc. No.
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:18-cv-00586-RJC-DSC
JANE DOE, ) ) Plaintiff, ) ) v. ) ) Order CHARLOTTE MECKLENBURG BOARD OF ) EDUCATION and CITY OF CHARLOTTE, ) ) Defendants. ) )
THIS MATTER comes before the Court on the Parties’ motions in limine. (Doc. Nos. 229, 232, 239, 243, 244, 248, 252, 254, 255, 256, 258, 259). In the interest of providing the parties with the Court’s rulings ahead of trial, the Court below lists the Parties’ relevant filings by docket number, a summary of the request, and the Court’s ruling. I. OVERLAPPING REQUESTS
Doc. No. Request Ruling The Plaintiff’s request is GRANTED IN PART and DENIED IN PART. The Defendants’ requests are Plaintiff’s Request: The Court should admit GRANTED IN PART and DENIED testimony and records of prior instances of student IN PART. The Court will allow sexual assault and harassment reports at Myers Park evidence related to the Jill Roe and the High School (“MPHS”). S.B. incidents in 2014, subject to certain 244; 232; limitations. The testimony and other 239 Defendants’ Request: The Court should exclude evidence related to these incidents is evidence of other students’ claims or incidents of limited to substance of the reports of sexual misconduct at Myers Park High School or these incidents to Defendants CMS CMS schools. and/or the City and their employees, the receipt of such reports by Defendants and their employees, and Defendants and their employees’ acts or omissions Doc. No. Request Ruling in response to those reports. The Court will also allow evidence related to the Fall 2015 school assembly involving Principal Bosco.
During the presentation of this evidence the Court will be mindful of its obligations under Fed. R. Evid. 611 and its discretion under Fed. R. Evid. 403. As such, the Court may, on objection or sua sponte, exclude evidence if it becomes a waste of time, ineffective for the jury to determine the truth, causing harassment or undue embarrassment, cumulative, confusing, misleading, or if it is presented in a manner causing unfair prejudice.
The Court will not allow presentation of evidence regarding the G.B. incident in 2016. Fed. R. Evid. 401; Fed. R. Evid. 402; Fed. R. Evid. 403.
The Court will exclude the declarations Plaintiff seeks to admit as inadmissible hearsay. Fed. R. Evid. 802. Additionally, the Court will exclude the deposition Plaintiff seeks to admit because Plaintiff did not file the testimony from Stacey Weinstein’s deposition in accordance with the requirements in the Court’s case management Order.
The Court will consider objections to any other specific evidence or testimony at trial. Plaintiff’s Request: The Court should admit evidence of the Internal Affairs Bureau (“IAB”) of Plaintiff’s request is DENIED. the Charlotte Mecklenburg Police Department Defendant’s request is GRANTED. (“CMPD”) for School Resource Officer Bradley 243; 239 Fed. R. Evid. 401; Fed. R. Evid. 402; Leak. Fed. R. Evid. 403.
City’s Request: The Court should exclude evidence of Officer Bradley Leak’s prior IAB history. II. PLAINTIFF’S REQUESTS
Doc. No. Request Ruling The Court should take the following protective measures during trial: (1) an admonishment to each and every witness called to the stand to abide by the Order by using (a) the designated pseudonyms for GRANTED IN PART. The Court will Ms. Doe and her family, and (b) the initials of former not admonish the witnesses called to the MPHS students; (2) require the Parties to redact all stand to abide by the Protective Order. personal identifying information of Ms. Doe and her 229 Instead, the lawyers are instructed to family in exhibits publicly displayed during the trial; admonish every witness they call to the and (3) to prohibit any photographs or unauthorized stand to abide by the Protective Order. recordings of Ms. Doe, her family members, or Otherwise, GRANTED. former MPHS student witnesses, as well as other efforts by the media (or any “citizen journalists” present) from publicizing their descriptions or otherwise seeking to identify them. The Court should exclude evidence or testimony concerning the CMPD IAB investigation and any subsequent findings made during the related Chain GRANTED. 248 of Command Review Board with respect to SRO Fed. R. Evid. 403. Leak’s conduct related to the incident involving Plaintiff. The Court should exclude evidence or testimony GRANTED. 252 regarding the criminal conviction of Jane Doe’s Fed. R. Evid. 609; Fed. R. Evid. 403. father, Mr. Doe, from 1998. The Court should exclude evidence or testimony regarding the U.S. Department of Education’s Office of Civil Rights (“OCR”) Letter of Findings arising GRANTED. 254 out of the Title IX complaint Ms. Doe and her Fed. R. Evid. 403. parents filed against CMS in 2016, and any related evidence or testimony concerning the same. GRANTED. The Court is excluding The Court should exclude Stephanie McKinney, the OCR Findings, such that calling 255 CMS’s Title IX Coordinator, from testifying. Stephanie McKinney for Defendant’s requested purpose is unnecessary. The Court should exclude evidence or testimony DENIED. 256 regarding text messages between Ms. Doe and Q.W. Fed. R. Evid. 401; Fed. R. Evid. 402; exchanged prior to November 3, 2015. Fed. R. Evid. 801. The Court should instruct the jury that it may draw 258 adverse inferences against CMS and the City based DENIED. on their destruction and failure to preserve: Doc. No. Request Ruling Security camera footage showing Q.W. and Ms. Doe on campus prior to the alleged kidnapping and sexual assault on Ms. Doe on November 3, 2015; All investigative records and disciplinary files related to this event by AP Anthony Perkins—the administrator charged with investigating the incident; All CMS’s disciplinary records for student sexual assault reports at MPHS and the adjacent woods prior to October 2016, which were routinely destroyed by officials; and The audio recording of Detective Banner’s November 12, 2015 Interview with Jane Doe.
III. DEFENDANT CMS’S REQUESTS
Doc. No. Request Ruling The Court should exclude any evidence, testimony, exhibits, and arguments regarding emotional distress damages, including (1) Plaintiff’s medical records and bills; (2) testimony regarding emotional distress damages from any witness; (3) the report and opinions of Plaintiff’s expert witness (forensic GRANTED as to the Plaintiff’s Title IX pediatrician) Dr. Sharon Cooper who has opined that claim. Cummings v. Premier Rehab “Ms. Doe continues to exhibit significant evidence Keller, PLLC, 142 S. Ct. 1562 (2022). 232 of generalized anxiety and depression, as well as The Court makes no ruling as to the diagnoses of social anxiety disorder, major admissibility of the evidence of depressive disorder, binge-eating disorder, emotional distress damages for avoidant/restrictive food intake disorder, and post- Plaintiff’s other claim. traumatic stress disorder (“PTSD”);” and (4) any evidence, testimony, or documents pertaining to Plaintiff’s alleged damages that are based on, because of, or related to, Plaintiff’s emotional distress. The Court should exclude any evidence, testimony, DENIED. 232 exhibits, and arguments relating to CMS’s Title IX Fed. R. Evid. 401; Fed. R. Evid. 402. training or discipline training. The Court should exclude any evidence, testimony, exhibits, and arguments relating to a claim of obstruction of justice and that AP Perkins sought to DENIED. 232 prevent, impeded, or hinder any investigation of Fed. R. Evid. 401; Fed. R. Evid. 402. Plaintiff’s alleged sexual assault and abduction (through criminal, disciplinary process, or Title IX). Doc. No. Request Ruling The Court should exclude any evidence, testimony, exhibits, and arguments relating to a claim that AP DENIED. 232 Perkins or CMS failed to prevent the alleged Fed. R. Evid. 401; Fed. R. Evid. 402. kidnapping and sexual assault of Plaintiff. The Court should exclude any evidence and DENIED WITHOUT PREJUDICE. testimony by Plaintiff’s expert Dr. Sharon Cooper At trial, the Court will consider 232 that goes beyond her expertise as a forensic objections to specific testimony or pediatrician. exhibits. The Court will apply the Federal Rules of Evidence. GRANTED. The Court should exclude all newspaper articles and 232 Fed. R. Evid. 401; Fed. R. Evid. 402; news stories on Plaintiff’s exhibit list. Fed. R. Evid. 403. NEITHER GRANTED NOR DENIED. Defendant fails to identify any specific witness or exhibit that is duplicative, repetitive, or cumulative. The Court should exclude all duplicative, repetitive, 232 However, the Court will not waste the and cumulative evidence. jury’s time with duplicative, repetitive, or cumulative evidence. At trial, the Court will consider objections to specific testimony and exhibits. GRANTED IN PART. GRANTED as to any references to the regulation and regulatory requirements or violations, The Court should exclude any evidence, testimony, and also to the extent Defendant seeks exhibits, and arguments regarding any failure by 232 to exclude OCR Findings. Otherwise, CMS to follow Title IX regulations or implement or DENIED, including as to the follow a grievance procedure. underlying facts that may or may not have been regulatory requirements and/or violations.
IV. DEFENDANT CITY’S REQUESTS
Doc. No. Request Ruling The Court should exclude prior verdicts and settlements paid by the City of Charlotte directly or GRANTED. 239 on behalf of its employees in other lawsuits or claims. 239 The Court should exclude news articles and media GRANTED. coverage on the subject incident involving Plaintiff Fed. R. Evid. 401; Fed. R. Evid. 402; or other alleged incidents at CMS and MPHS Fed. R. Evid. 403. pertaining to alleged sexual misconduct. |Doc.No. [| Request | 239 GRANTED IN PART to the extent Plaintiff seeks to introduce the standards The Court should exclude evidence relating to an set out in N.C. Gen. Stat. § 160A-288.4. alleged failure to train. Fed. R. Evid. 401; Fed. R. Evid. 402; Fed. R. Evid. 403. Otherwise, DENIED. 239 The Court should exclude evidence of the purchase of liability insurance, references to the purchase of GRANTED. insurance, or references to waiver of governmental immunity. 239 The Court should exclude evidence of the mediation process or any other settlement discussions, including the November 30, 2022 judicial settlement GRANTED. conference. 239 The Court should exclude any testimony by any witness, and any transcript or audio evidence, | DENIED WITHOUT PREJUDICE. including those included in media coverage, related | At trial, the Court will consider to statements made by CMPD Major Cecil Brisbon, | objections to specific testimony and including but not limited to, Plaintiff's Exhibits 65, | exhibits. 304, and 305. incident between Jane Doe and Q.W. as a rape. Fed. R. Evid. 403. 259 The Court should exclude the testimony of Plaintiff's expert witness George Kirkham because he is not qualified to offer the proposed opinions on school | GRANTED. resource officers and acceptable conduct by school | Written order to follow. resource officers and his opinions lack any acceptable bases and are unreliable.
Signed: January 11, 2023
Robert J. Conrad, Jr. hed. United States District Judge “ee