Parent v. Kan. City Pub. Sch.

296 F. Supp. 3d 1121
CourtDistrict Court, D. Kansas
DecidedOctober 31, 2017
DocketCase No. 16–0974–CV–W–SRB
StatusPublished
Cited by1 cases

This text of 296 F. Supp. 3d 1121 (Parent v. Kan. City Pub. Sch.) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parent v. Kan. City Pub. Sch., 296 F. Supp. 3d 1121 (D. Kan. 2017).

Opinion

STEPHEN R. BOUGH, UNITED STATES DISTRICT JUDGE

Before the Court are four motions to limit or exclude expert testimony. Three *1125were filed by Defendants-Defendants' Motion to Exclude or Limit the Opinions of Plaintiff's Retained Expert Robert R. Rail (Doc. # 71), Defendants' Motion to Exclude or Limit the Opinions of Plaintiff's Retained Expert Bill Geis (Doc. # 73), and Defendants' Motion to Exclude or Limit the Opinions of Plaintiff's Retained Experts James B. Golden and Lisa H. Thurau (Doc. # 75). One was filed by Plaintiff-Plaintiff's Motion to Exclude or Limit the Opinions of Expert Michael Huth (Doc. # 93). For the following reasons, Defendants' Motion to Exclude or Limit the Opinions of Plaintiff's Retained Expert Robert R. Rail (Doc. # 71), Defendants' Motion to Exclude or Limit the Opinions of Plaintiff's Retained Expert Bill Geis (Doc. # 73), and Plaintiff's Motion to Exclude or Limit the Opinions of Expert Michael Huth (Doc. # 93) are DENIED. Defendants' Motion to Exclude or Limit the Opinions of Plaintiff's Retained Experts James B. Golden and Lisa H. Thurau (Doc. # 75) is DENIED in part and GRANTED in part.

I. Background

This case arises out of the handcuffing of a seven-year old boy by a Student Resources Officer (SRO) in George Melcher Elementary School, a Kansas City Public School (KCPS). On April 30, 2014, there was "some commotion" in Ms. Beverly Cole's second-grade classroom. (Doc. # 86, ¶ 11). The students complained that Plaintiff, a seven-year old boy in Ms. Cole's class, "did something." (Doc. # 86, ¶ 12). In response, Ms. Cole moved Plaintiff's desk near Ms. Cole's. (Doc. # 86, ¶ 13). Another student began making faces at Plaintiff. (Doc. # 86, ¶ 14). After a while, Plaintiff "couldn't hold it in" and got out of his seat and started yelling at the other student. (Doc. # 86, ¶ 14). Plaintiff was angry, upset, and loud. (Doc. # 86, ¶¶ 15, 18, 23). Ms. Cole instructed Plaintiff to calm down, but Plaintiff refused and remained standing for a "long time." (Doc. # 86, ¶ 16). Another woman came into the classroom and attempted to discipline Plaintiff by demanding he sit down, but he refused, growing more angry. (Doc. # 86, ¶ 24). It is disputed whether Plaintiff hit any students or caused property damage by overturning his desk. (Doc. # 86, ¶¶ 15, 17, 22, 25).

Officer Brandon Craddock, a patrol officer, responded to the situation. (Doc. # 86, ¶¶ 27-28). It is disputed whether Plaintiff was yelling or standing at this time. (Doc. # 86, ¶ 28). Officer Craddock requested that Plaintiff follow him out of the classroom. (Doc. # 86, ¶ 33). Although Plaintiff did not want to go with Officer Craddock, he eventually did follow Officer Craddock into the hallway. (Doc. # 86, ¶¶ 36-37). Officer Craddock told Plaintiff that he was not in trouble and requested that he calm down. (Doc. # 86, ¶¶ 38, 40). It is disputed whether Plaintiff attempted to get away from Officer Craddock. (Doc. # 86, ¶¶ 41-42). Officer Craddock attempted to put his hand on Plaintiff's back to guide him, but Plaintiff resisted. (Doc. # 86, ¶¶ 43-44). Officer Craddock grabbed Plaintiff's left wrist, which provoked Plaintiff even more to attempt to flee. (Doc. # 86, ¶¶ 44-45). Officer Craddock told Plaintiff, "Son, if you don't calm down, I'm going to have to put the cuffs on." (Doc. # 86, ¶ 49). Plaintiff grabbed a handrail on the side of the hallway. (Doc. # 86, ¶ 51).

Officer Craddock believed Plaintiff was committing a crime by resisting detention and attempting to flee. (Doc. # 86, ¶ 55). Officer Craddock handcuffed Plaintiff and "double locked" the handcuffs so they would not tighten and hurt Plaintiff. (Doc. # 86, ¶ 56). It is disputed whether Plaintiff attempted to resist and whether he screamed once handcuffed. (Doc. # 86, ¶¶ 58-63). Officer Craddock brought Plaintiff *1126to the front office. (Doc. # 86, ¶ 58). Principal Anne Wallace saw Plaintiff in handcuffs. (Doc. # 86, ¶ 62). It is disputed how long Plaintiff remained handcuffed. (Doc. # 86, ¶¶ 67-70). Officer Craddock released Plaintiff from the handcuffs when Plaintiff's father arrived to the front office. (Doc. # 86, ¶ 65). Plaintiff argues that the incident caused him emotional and psychological harm. (Doc. # 1, ¶ 55).

Defendants challenge the testimony of three experts-Mr. Robert R. Rail, a handcuffing expert; Dr. Bill Geis, a forensic psychologist; and Mr. James B. Golden and Ms. Lisa H. Thurau, law enforcement training experts. Plaintiff challenges the testimony of Mr. Michael Huth, a handcuffing expert.

II. Legal Standard

The admission of expert testimony is governed by Federal Rule Evidence (FRE) 702. Wagner v. Hesston Corp. , 450 F.3d 756, 758 (8th Cir. 2006). FRE 702 permits expert testimony "if (a) the expert's ... specialized knowledge will help the trier of fact understand the evidence ...; (b) the testimony is based upon sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the witness has applied the principles and methods reliably to the facts of the case." In Daubert the Supreme Court redefined the standard for the admission of expert testimony. Daubert v. Merrell Dow Pharm., Inc. , 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). In fulfilling its "gatekeeping" role, a trial court faced with a proffer of expert testimony must determine at the outset whether the evidence "both rests on a reliable foundation and is relevant to the task at hand." Id. at 597, 113 S.Ct. 2786. The Court in Daubert emphasized that the inquiry required by FRE 702 is intended to be flexible. Id. at 594, 113 S.Ct. 2786. The Daubert analysis was extended to all expert testimony, as opposed to only "scientific" testimony. Kumho Tire Co., Ltd. v. Carmichael , 526 U.S. 135

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Bluebook (online)
296 F. Supp. 3d 1121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parent-v-kan-city-pub-sch-ksd-2017.