Meddaugh, Jere v. Matthews, Jon

District Court, W.D. Wisconsin·Decided September 3, 2024·No. 3:23-cv-00230·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

JERE MEDDAUGH,

Plaintiff, OPINION AND ORDER v. 23-cv-230-wmc WOOD COUNTY DEPUTY JOHN MATTHEWS,

Defendant.

This lawsuit arises out of a stop and arrest that occurred in the City of Wisconsin Rapids during the early morning hours of April 26, 2020. Plaintiff Jere Meddaugh initially claimed that defendant Wood County Deputy John Matthews stopped him without reasonable suspicion and used excessive force during the ensuing arrest. After summary judgment, the only claim turns on whether or not defendant Matthews used excessive force during plaintiff’s arrest in violation of his Fourth Amendment rights. Plaintiff seeks compensatory and punitive damages. The case is scheduled for a jury trial on September 16, 2024, with a final pretrial conference (“FPTC”) on September 5, 2024, at 2:30 p.m. In advance of the FPTC, the court addresses below the parties’ motions in limine, the trial exhibits, the proposed voir dire questions, and proposed jury instructions. OPINION I. Motions in Limine Plaintiff has filed nine motions in limine and the defendant has filed ten. The court addresses all of the pending motions in limine below for discussion at the FPTC, beginning with the motions filed by plaintiff. A. Plaintiff’s Motion in Limine #1 (dkt. #56) – Police Reports Plaintiff moves to preclude defendant from introducing into evidence any police reports on the grounds that they contain hearsay and are both unreliable and

untrustworthy. (Dkt. #56.) Defendant objects on the grounds that police reports may be used under Federal Rule of Evidence 803(5) to refresh the recollection of events for witnesses who are testifying about those events. (Dkt. #87, at 1.) Defendant notes further that police reports may be admitted under the exception to the hearsay rule for public records “to the extent to which they incorporate firsthand observations of the officer.” Jordan v. Binns, 712 F.3d 1123, 1133 (7th Cir. 2013) (quoting Fed. R. Evid. 803(8)

advisory committee’s note). Of course, use of police reports to refresh a witness’s recollection (or for that matter to impeach) does not put the reports themselves in evidence. So, although the court will RESERVE ruling on this motion for further discussion at the FPTC, the reports are out unless either side can offer a specific exception to the prohibition on the use of hearsay.

B. Plaintiff’s Motion in Limine #2 (dkt. #57) – Contents of Backpack After plaintiff was arrested, officers recovered several small bags containing methamphetamine, which resulted in charges of possession with intent to distribute a

controlled substance. Plaintiff moves to preclude defendant from introducing testimony and evidence about the search of his backpack, including video evidence that displays the search, as irrelevant and prejudicial. (Dkt. #57.) Defendant objects that evidence regarding the contents of plaintiff’s backpack is relevant to showing plaintiff’s motivation to resist and attempt to flee during the arrest, which is a circumstance the jury may consider when evaluating whether the force used was objectively reasonable under the circumstances. (Dkt. #87, at 2-3.) Then the question is whether a curative instruction can be provided to outweigh the obvious, prejudicial impact of that evidence if the benefit

of hindsight were given the officer. While the only relevant injury in a use-of-force case under the Fourth Amendment is “whether the [defendant’s] actions [were] objectively reasonable in light of the facts and circumstances confronting [him],” Graham v. Connor, 490 U.S. 386, 397 (1989), the amount of permissible force depends upon the specific situation, including “the severity of

the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” Id. at 396; Smith v. Ball State Univ., 295 F.3d 763, 770 (7th Cir. 2002). Whether plaintiff was later charged with a crime based on evidence that was only uncovered after a use of force is completed is not relevant to whether the force was reasonable. Accordingly, the court will RESERVE for further argument at the FPTC on

whether to exclude evidence of the search of plaintiff’s backpack and any evidence found inside.1

C. Plaintiff’s Motion in Limine #3 (dkt. #59) – Commendations and Awards Plaintiff moves to preclude evidence and testimony concerning whether defendant

1 In addition, defendant argues further that evidence about the contents of his backpack would be admissible to impeach any testimony from plaintiff that he was doing nothing wrong on the day in question. (Dkt. #87, at 3.) Should plaintiff foolishly open the door, the court agrees that evidence of drugs in plaintiff’s possession may be used to impeach, but counsel if strongly advised to address that possibility at sidebar if this evidence is otherwise excluded or admitted under a cautionary instruction. Matthews received commendations, awards, or promotions while working for the Wood County Sheriff’s Office. (Dkt. #59.) Defendant does not oppose this motion in limine with the exception that defendant and other police witnesses be allowed to testify about

any training, certifications, or other achievements that are relevant to their credibility or experience as it relates to the use-of-force issue presented here. (Dkt. #87, at 3.) Subject to this exception, therefore, plaintiff’s motion in limine #3 is GRANTED.

D. Plaintiff’s Motion in Limine #4 (dkt. #60) – Prior Arrests Not Resulting in Convictions Plaintiff moves to preclude defendant from introducing evidence and testimony about whether plaintiff was previously arrested when those arrests did not result in any conviction. (Dkt. #60.) Defendant does not object to or oppose this motion other than potentially using prior arrests for purposes of impeachment. (Dkt. #87, at 3.) Because this seems unlikely, plaintiff’s motion in limine #4 is also GRANTED unless defendant establishes at sidebar that plaintiff has somehow opened the door.

E. Plaintiff’s Motion in Limine #5 (dkt. #61) – Character Evidence Plaintiff moves to preclude defendant from introducing evidence related to his

character that defendant did not learn about until after the use of force occurred. (Dkt. #61.) Specifically, plaintiff contends that defendant should not be allowed to present evidence showing that he already had outstanding warrants and prior convictions at the time of the use-of-force incident unless known to defendant at that time. (Id.) The Seventh Circuit has held that knowledge and evidence gained after a use of force has occurred is not admissible in an excessive force case. See Palmquist v. Selvik, 111 F.3d 1332, 1339-40 (7th Cir. 1997) (“[W]hen considering a charge of excessive force under the Fourth Amendment, evidence outside the time frame of the shooting is irrelevant and prejudicial.”)

(citing Sherrod v. Berry, 856 F.2d 802 (7th Cir. 1988) (en banc)).

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Related

Graham v. Connor
490 U.S. 386 (Supreme Court, 1989)
Cyrus v. Town of Mukwonago
624 F.3d 856 (Seventh Circuit, 2010)
United States v. Larry D. Cameron
814 F.2d 403 (Seventh Circuit, 1987)
Smith v. Ball State Univ.
295 F.3d 763 (Seventh Circuit, 2002)
Betty Jordan v. Kelly Binns
712 F.3d 1123 (Seventh Circuit, 2013)
United States v. Roman
492 F.3d 803 (Seventh Circuit, 2007)
Palmquist v. Selvik
111 F.3d 1332 (Seventh Circuit, 1997)
Sherrod v. Berry
856 F.2d 802 (Seventh Circuit, 1988)