Lanni v. State

177 F.R.D. 295, 1998 U.S. Dist. LEXIS 408, 1998 WL 21081
CourtDistrict Court, D. New Jersey
DecidedJanuary 16, 1998
DocketCiv. A. No. 96-3116 (AET)
StatusPublished
Cited by6 cases

This text of 177 F.R.D. 295 (Lanni v. State) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lanni v. State, 177 F.R.D. 295, 1998 U.S. Dist. LEXIS 408, 1998 WL 21081 (D.N.J. 1998).

Opinion

MEMORANDUM OPINION

HUGHES, United States Magistrate Judge.

This matter comes before the Court upon competing in limine motions. The parties oppose each other’s motions. The Court reviewed the written submissions and considered the matter pursuant to Fed.R.Civ.P. 78.

For the reasons that follow, Plaintiffs motion is granted, in part and denied, in part, and Defendants’ motion is granted, in part and denied, in part.

I. BACKGROUND

Plaintiff claims that he is a qualified person with a disability under 42 U.S.C.A. § 12101 et seq., the Americans with Disabilities Act (“ADA”), and a handicapped person under N.J.S.A. § 10:5-1, et seq., the New Jersey Law Against Discrimination (“LAD”). He suffers from dyslexia, dyscalculia, dysnomia and other neurological impairments. These disabilities affect, among other things, Plaintiffs visual-motor coordination, psycho-motor speed, visual/spatial reasoning and problem solving. As a result, Plaintiff has a weakness in receptive speech which affects his memory and ability to derive meaning from spoken language.

In October 1990, the State of New Jersey, Department of Environmental Protection, Division of Fish, Game and Wildlife (“DEP”), hired Plaintiff as a communications officer. Plaintiff was a radio dispatcher at the Central Regional Office (“CRO”), also known as the Assunpink Wildlife Management Area in Robbinsville, New Jersey. The CRO is the reporting office for Conservation Officers assigned to the central portion of the state. Plaintiffs co-workers were conservation officers who often carried firearms and other weapons.

John Hedden was Captain in charge of the CRO from about 1984 to 1994. As such, Mr. Hedden was Plaintiffs immediate supervisor. Lieutenant Michael Boyle is the Training Officer for the Bureau. His office is at the CRO, but he is frequently out of the office on training missions. Mark Doblebower was a Conservation Officer before his promotion to lieutenant in 1992 or 1993.

Plaintiffs primary duties as a Radio Dispatcher were to respond to incoming telephone radio calls from Conservation Officers, other employees and the public, to dispatch officers to various locations, and to relay messages to and from officers. Also, his duties included filing, filling out forms and other clerical tasks. Plaintiff was required to write complaints and record incoming phone calls in a log book kept at the facility.

In the original action, Plaintiff brought suit against the State of New Jersey, DÉP, Commissioner Robert Shinn, Lieutenant. Boyle, Martin Morales, Brian Herrighty, Mr. Hedden, Mr. Doblebower, Gregory Huljack, Robert Winkel and Carol Lake. Plaintiff alleges that Defendants discriminated against him because of his disability. He claims that Defendants created a hostile work environment, that Defendants retaliated against him, that Defendants failed to accommodate his alleged disability, and that Defendants committed various torts against him.

Defendants filed a motion for summary judgment on all counts of the Complaint and Plaintiff filed a cross-motion for summary judgment. On December 3, 1997, the District Judge granted Defendants’ motion, in part and denied it, in part, and denied Plaintiffs cross-motion. The only remaining claims are Plaintiffs claims of disability discrimination against the DEP, Mr. Hedden, Mr. Boyle and Mr. Doblebower, and his punitive damage claims against DEP. Currently before the Court are the parties’ competing in limine motions.

II. IN LIMINE MOTIONS

A. Plaintiff’s In Limine Motions

1. Preclude Expert Testimony by Dr. Michael Weiner

Defendants may offer Dr. Weiner to testify about Plaintiffs learning disabilities. Plain[299]*299tiff argues that Dr. Weiner should not be allowed to testify because he has no specialized skill, knowledge or experience in the appropriate area of psychology, which is necessary to render an opinion on Plaintiffs learning disabilities. Moreover, Dr. Weiner should not be allowed to testify because he violated the professional ethical standards governing licensed physicians while obtaining information regarding Plaintiffs psychological history. Defendants argue that Dr. Weiner should be allowed to testify because he is qualified as an expert and because Plaintiff waived his right to challenge Dr. Weiner based upon any conduct during Plaintiffs examination.

2. Preclude Testimony by Defendants’ Wives

Plaintiff argues that Jane Bunting, Hilary Herrighty, Susan Morales, Peggy Doblebower and Andrea Leonard, who are all married to Defendants or other DEP employees, should not be allowed to testify because they have no personal knowledge of any relevant events. Defendants argue that these witnesses have personal knowledge of specific and relevant facts.

3. Preclude Testimony by Plaintiff’s Former Wives/Divorce Complaints

Plaintiff argues that Grace Kelly Lanni Steinberg and Joanna Peitraszewska, Plaintiffs former wives, should not be allowed to testify because they have no personal knowledge of relevant facts, and any other testimony they may offer will be substantially more prejudicial than probative. Defendants argue that these witnesses have personal knowledge of facts relevant to whether Defendants caused Plaintiffs emotional damages.

B. Defendants’In Limine Motions

1. Preclude Testimony by Other DEP Employees

Defendants argue that Jay Roberts, Kenneth Kroeze, John Mihatov and Annette Baker should not be allowed to testify because their deposition testimony shows that they have no personal knowledge of relevant facts, or in the alternative, that their testimony will be unfairly prejudicial and confusing to the jury. Plaintiff argues that these witnesses should be allowed to testify because they observed the harassing and discriminatory conduct against Plaintiff, and the hostile work environment at the DEP. Also, the ■witnesses’ observations of Plaintiff at work may be probative on the issue of Plaintiffs damages.

2. Preclude Testimony About Magazine Subscriptions

Defendants argue that testimony about gun and gardening catalogs and/or magazines sent to Plaintiffs home, addressed to “Phyllis Lanni,” should be precluded because there is no direct evidence that any Defendant sent them, or caused them to be sent. Furthermore, investigation revealed that the name on the registration card for the gardening magazine was not that of any of the defendants, and that the address for the person on that card is in Las Vegas, Nevada. As a result, Defendants argue that this testimony will be unfairly prejudicial and should be precluded. Plaintiff argues that, in conjunction with other evidence, it is reasonable to infer that Defendants sent the catalogs and magazines, and the danger of prejudice from that evidence will not substantially outweigh its probative value.

3. Preclude Testimony About Disciplinary Actions

Finally, Defendants argue that testimony regarding disciplinary actions against Defendants’ witnesses Gregory Huljaek and Brian Herrighty should be excluded because they are irrelevant to Plaintiffs claim and are remote in time. As a result, this testimony will be unfairly prejudicial.

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Cite This Page — Counsel Stack

Bluebook (online)
177 F.R.D. 295, 1998 U.S. Dist. LEXIS 408, 1998 WL 21081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lanni-v-state-njd-1998.