Tolliver v. Noble

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

KEVIN A. TOLLIVER,

Plaintiff,

Case No. 2:16-cv-1020 v. Judge Edmund A. Sargus, Jr.

Magistrate Judge Kimberly A. Jolson

ABDUL RAHMAN SHAHID,

Defendant.

ORDER This matter is before the Court on Plaintiff Kevin Tolliver’s Omnibus Motion in Limine. (Mot., ECF No. 236.) Mr. Tolliver moved under Federal Rules of Evidence 401, 403, and 609 to exclude from trial certain testimony and other evidence of his (1) unrelated civil lawsuits, grievances, and disciplinary record, and (2) conviction, sentence, and facts underlying his conviction and sentence. (Id.) Defendant Abdul Rahman Shahid opposed. (Opp., ECF No. 238.) The Court held a final pretrial conference on September 22, 2023. (ECF No. 244.) As it may, the Court deferred ruling on the Motion so that questions of foundation, relevancy, and potential prejudice could be resolved in the context of trial. See Henricks v. Pickaway Corr. Inst., No. 2:08-CV-580, 2016 WL 4577800, at *2 (S.D. Ohio Sept. 2, 2016) (Marbley, J.). The case proceeded to trial on October 2, 2023, and concluded the next day. (ECF Nos. 249, 250.) The Court ruled on Mr. Tolliver’s Motion on the record at trial. This Order memorializes the Court’s rulings on the Motion. The Motion is GRANTED as to evidence of Mr. Tolliver’s conviction and sentence, which was excluded under Federal Rule of Evidence 403. See Fed. R. Evid. 609(a)(1)(A). The Motion is otherwise resolved in accordance with the trial record. IT IS SO ORDERED.

10/4/2023 s/Edmund A. Sargus, Jr. DATE EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE