Gibbs v. Bridgeport et al
| Melissa Gibbs |
| Christopher Borona, Joseph Gaudett and City of Bridgeport |
| 3:2016cv00635 |
| April 22, 2016 |
| US District Court for the District of Connecticut |
| New Haven Office |
| Fairfield |
| Jeffrey A. Meyer |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
219
ORDER. For the reasons set forth in the attached ruling, the Court conditionally GRANTS plaintiff's motion to inform the jury that the rifle was not loaded (Doc. # 216 ). The grant of this motion to allow the plaintiff to "inform" the jury is conditioned on plaintiff's making a further and satisfactory showing of the evidentiary basis by which she expects to prove that the rifle was unloaded. In addition, in the event that there is admissible evidence introduced at trial to show that the rifle was not loaded, the Court will issue a limiting instruction upon request that the parties do not dispute that Detective Borona did not know that the rifle was unloaded and that the jury may consider the unloaded status of the rifle solely with respect to evaluation of the presence and degree of comparative negligence as a defense to the plaintiff's negligent wrongful death claim. It is so ordered. Signed by Judge Jeffrey A. Meyer on 10/11/2021. (Gilles, E.)
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Filing
191
ORDER RE MOTIONS IN LIMINE. For the reasons stated in the attached ruling, the Court rules as follows on the pending motions in limine subject to the limitations and understandings stated in the ruling:The Court GRANTS without p rejudice the motion to preclude the testimony of Kimberly Crawford (Doc. # 155 );The Court GRANTS the motion to preclude the investigation, findings, conclusions, and reports of the Connecticut State Police and State's Attorney with resp ect to the death of Byran Stukes (Doc. # 156 );The Court DENIES the motion to preclude evidence or argument about the alleged intoxication of Bryan Stukes (Doc. # 157 );The Court DENIES the motion to preclude any evidence or argument about any events or evidence arising prior to the time that Detective Borona came to the door of the Golfinho Fish Market and saw Bryan Stukes on the night of the fatal shooting (Doc. # 158 );The Court GRANTS the motions to preclude evidence or argument about prior uses of force, disciplinary history, and past claims or lawsuits against Detective Borona or the City of Bridgeport (Doc. # 159 (Part B), Doc. # 162 );The Court GRANTS the motion to preclude Anthony Davis from referri ng to another alleged shooting incident involving Detective Borona or from offering his lay opinion about the propriety of Detective Borona's use of force (Doc. # 159 (Part C));The Court GRANTS the motion to preclude hospital photograph s and DENIES without prejudice the motions to preclude autopsy photographs and the autopsy report (Doc. # 159 (Part D), Doc. # 161 );The Court GRANTS the motion to preclude evidence about a shot that was supposedly fired by Detective Borona and that missed Bryan Stukes (Doc. # 159 (Part E));The Court GRANTS in part and DENIES in part the motion to preclude impeachment of Detective Borona on the basis of prior adverse credibility determinations (Doc. # 159 (Part F));The Court GRANTS the motion to preclude evidence and argument about the Black Lives Matter movement or any other nationally publicized instances of alleged police misconduct (Doc. # 159 (Part G));The Court DENIES the motions to preclude the tes timony of five previously undisclosed witnesses (Doc. # 163 ).If any party believes that there has been an error or misunderstanding with respect to the Court's rulings on the pending motions, they are invited to promptly file a motion for reconsideration or clarification. It is so ordered. Signed by Judge Jeffrey A. Meyer on 03/29/2021. (Johnson, R.)
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Filing
117
ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT. For the reasons set forth in the attached ruling, the Court GRANTS in part and DENIES in part defendants' motions for summary judgment (Docs. # 103 and # 105 ). The Court GRANTS summary judgment as to the following counts: all of Count Two against Detective Borona (negligent failure to provide medical treatment); part of Count Three against Detective Borona (insofar as it alleges in part reckless wrongful death from f ailure to provide medical treatment); all of Counts Six and Seven against Chief Gaudett (negligent hiring and negligent supervision of Detective Borona); and all of Count Nine against the City of Bridgeport (Monell § 1983 liability). The Court DENIES summary judgment as to the following counts: all of Count One against Detective Borona (negligent wrongful death); part of Count Three against Detective Borona (insofar as it alleges in part reckless wrongful death from shooting); all o f Count Four against the City of Bridgeport (municipal liability under Conn. Gen. Stat. § 52-577n(a)(1)); all of Count Five against the City of Bridgeport (indemnification pursuant to Conn. Gen. Stat. § 7-465); and all of Count Eight against Detective Borona (§ 1983 liability for use of excessive force in violation of the Fourth Amendment). Chief Gaudett is dismissed as a defendant in this case. It is so ordered.Signed by Judge Jeffrey A. Meyer on 8/29/2018. (Gondwe, N.)
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Filing
81
ORDER on Dkts. ##53, 60 and 61: Dkt. #53, Defendants City of Bridgeport and Gaudett's Motion to Compel is denied without prejudice as moot with respect to fact discovery, and granted with respect to expert discovery such that if sh e has not already done so, plaintiff shall serve all of her expert disclosures on or before August 7, 2017; Dkt. #60, Plaintiff's Motion to Compel Discovery Responses from Defendant City of Bridgeport and Firm Date for Deposition of Defendants Borona and Gaudett is granted in part, to the extent that the City of Bridgeport shall respond to plaintiff's belated discovery requests on or before August 7, 2017, preserving the right to object on the merits to any requests, as appropriate; the motion is denied without prejudice as moot with respect to the depositions of defendants Borona and Gaudett, Judge Meyer already having ordered that they take place; and Dkt. #61, Plaintiff's Motion t o Extend Fact Witness Discovery and Expert Disclosure Deadline is denied without prejudice as moot, Judge Meyer already having set new deadlines in the Amended Scheduling Order.(See Attached).Counsel shall contact this Magistrate Judge's Chambers to schedule a brief telephonic discovery conference, with the only open issue being the date for the deposition of defendant Gaudett. Signed by Judge Joan G. Margolis on 7/18/17. (Watson, M.)
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