Biesty v. City Of Irvine et al
| Thomas Biesty |
| City Of Irvine and Jeff knuckles |
| 5:2015cv00023 |
| February 2, 2015 |
| US District Court for the Eastern District of Kentucky |
| Lexington Office |
| Estill |
| Karen K. Caldwell |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
57
OPINION & ORDER: GRANTING pla's 52 MOTION to Amend the court's 8/2/16 Order; the motion asks the court to reconsider its ruling which deferred ruling on pla's motion to exclude a written statement by Stephen Todd Wells; the statemen t is EXCLUDED; DEFERRING pla's 54 MOTION to Strike certain portions of Dr. Rukavina's depo; court is unable to rule on this motion until after hearing the other testimony & evidence to be offered at trial. Signed by Judge Karen K. Caldwell on 8/8/16.(KJR)cc: COR
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Filing
51
OPINION AND ORDER: Biesty moves to exclude various kinds of evidence. This 38 Motion is GRANTED in part, DENIED in part and DEFERRED in part as stated. (see Order for details) Signed by Judge Karen K. Caldwell on August 2, 2016. (AWD) cc: COR
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Filing
48
OPINION & ORDER: GRANTING IN PART & DENYING IN PART dft's 29 MOTION in Limine; (1) GRANTED to the extent that Officer Knuckles moves to exclude any argument or statement that the arrest or warrant was "wrongful" or "illegal&quo t; or any similar description; it is the Court's understanding that there has never been any finding that the arrest or arrest warrant was in any way unlawful; that this Court has already determined that Officer Biesty is not subject to liabilit y for entering Biesty's residence; any argument or statement that the arrest or arrest warrant was unlawful or otherwise wrongful is EXCLUDED; (2) Officer Knuckles moves to exclude any argument or evidence that his execution of the arrest warran t was unlawful or otherwise wrongful; GRANTED for the reasons stated in paragraph 1; (3) Officer Knuckles moves to exclude any evidence or argument that the charges for which Biesty was arrested were ultimately dismissed; this motion is DENIED; (4) O fficer Knuckles moves to exclude any testimony, evidence, or reference to his resignation from the Irvine police department; this motion is GRANTED tas stated in this order; (5) Officer Knuckles moves to exclude any testimony, evidence or reference t o his mental state or condition; this motion is GRANTED for the reasons discussed in paragraph 4; (6) Officer Knuckles moves to exclude evidence of another excessive force claim filed against him in 2014 which was resolved by the parties to that acti on; this motion is GRANTED; (7) Officer Knuckles moves to prohibit Biesty from introducing any evidence thatwould prove his damages; this motion is DENIED in part and GRANTED in part as stated in this order; (8) Officer Knuckles moves to exclude evid ence re certain types of damages Biesty may claim; this motion is GRANTED in part and DENIED in part as stated in this order; any non-expert evidence that Biesty suffers from PTSD is EXCLUDED. Signed by Judge Karen K. Caldwell on 8/1/16.(KJR)cc: COR
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Filing
27
OPINION & ORDER: (1) GRANTING the City of Irvine's 20 MOTION for Summary Judgment & Officer Knuckles' MOTION for Partial Summary Judgment; (2) Biesty's 1983 claim against the City of Irvine is DISMISSED; (3) all claims against Of ficer Knuckles in his official capacity are DISMISSED; (4) the unlawful-entry claim against Officer Knuckles in his individual capacity is DISMISSED; (5) FINAL PRETRIAL CONFERENCE RESCHEDULED TO 8/8/2016 at 10:30 AM in LEXINGTON before Judge Karen K. Caldwell; (6) JURY TRIAL RESCHEDULED TO 8/9/2016 at 09:00 AM in LEXINGTON before Judge Karen K. Caldwell; counsel to be present at 8:30 am; (7) the pretrial filings deadlines remain in effect. Signed by Judge Karen K. Caldwell on 7/1/16.(KJR)cc: COR,JC,D
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