DocketNumber: Case No.: 1:15–cv–22618–UU
Citation Numbers: 283 F. Supp. 3d 1286
Judges: Ungaro
Filed Date: 10/23/2017
Status: Precedential
Modified Date: 7/25/2022
THIS CAUSE is before the Court upon Plaintiff's Motion In Limine (the "Motion"). D.E. 350.
THE COURT has reviewed the Motion and the pertinent portions of the records, and is otherwise fully advised of the premises.
Plaintiff brings a civil action pursuant to
BACKGROUND
The underlying facts of Plaintiff's arrest are follows
On the morning of September 24, 2014, Plaintiff got behind the wheel of a car parked on a hotel valet ramp. Taking the car without the owner's authorization, Plaintiff proceeded to crash the vehicle into the back of another car. A struggle then ensued as employees of the hotel attempted to extricate Plaintiff from the stolen car. In response, Plaintiff drove the vehicle forward and crashed into another car. Plaintiff then put the car in reverse, thereby pinning the aforementioned hotel employees between the stolen car and another parked car. Plaintiff proceeded to speed away from the scene with the driver's car door still ajar. Following his arrest, Plaintiff pled guilty to multiple felony charges, including carjacking, burglary, multiple counts of aggravated battery with a deadly weapon, and other related charges.
Internal Affairs conducted an investigation of Plaintiff's arrest. When he was interviewed as part of the investigation, Plaintiff admitted that he was under the influence of drugs on September 24, 2014, and could not exactly recall everything that occurred that day.
ANALYSIS
I. Evidence of the Underlying Facts of Plaintiff's Arrest
In his Motion, Plaintiff argues that "many of the facts underlying the criminal investigation for carjacking that preceded Plaintiff's arrest have no material import or should not be introduced; they are simply irrelevant."
Defendants argue that the underlying facts of Plaintiff' arrest, which involve multiple felonious acts including aggravated battery with a deadly weapon, "will assist the jury in determining the severity of the crime and evaluating the *1289excessive force claim" in this case. D.E. 352 at *3. The Court agrees. "The force used by law enforcement must be evaluated in light of the objective circumstances present at the time the decision to use force was made." Samarco v. Neumann ,
Additionally, in order to succeed on his excessive force claim against Defendants, Plaintiff must prove by a preponderance of the evidence that Defendants' conduct caused his alleged injuries.
II. Evidence of the Presence and/or Influence of Controlled Substances at the Time of Plaintiff's Arrest
In his Motion, Plaintiff anticipates that Defendants will seek to "characterize [him] as a man who was...under the influence of drugs, alcohol, and/or controlled substances" at the time of his arrest through evidence of drug paraphernalia found in his motel room and/or testimony from the arresting officers about Plaintiff's physical appearance. D.E. 350 at *3. According to Plaintiff, such evidence is not "probative of any material fact in this trial" unless Defendants also establish that the paraphernalia was recently used or that Plaintiff's fingerprints were found on such items. Plaintiff does not cite a single authority for this proposition. Plaintiff further argues that any testimony from the arresting officers that Plaintiff was under the influence of drugs would require "rampant speculation".
While evidence of Plaintiff's drug use on the day of his arrest may not be admitted simply to paint the Plaintiff in a negative light or to attack his general credibility, "the jury [is] entitled to consider [Plaintiff's] use of drugs in evaluating *1290[his] ability to recount the critical events as they unfolded that night." Knight through Kerr v. Miami-Dade County ,
CONCLUSION
The Court finds that evidence of the underlying facts of Plaintiff's arrest and use of drugs and alcohol on September 24, 2014 is highly probative to the jury's determination of liability in this case. Therefore, the probative value of such evidence substantially outweighs its possible prejudicial effect. See Fed. R. Evid. 403.
ORDERED AND ADJUDGED that Plaintiff's Motion, D.E. 350, is DENIED.
DONE AND ORDERED in Chambers at Miami, Florida, this 23d day of October, 2017.
Plaintiff's arrest led to a multi-felony conviction for which Plaintiff is currently servicing a twenty-year sentence in state prison.
The following facts are taken from Defendant's Response. D.E. 352 at *3-4.
Plaintiff's statement was reflected in a June 16, 2015 memorandum prepared by Sergeant Oriel Tameron in Internal Affairs case number 15-016. D.E. 352 at *4.
Plaintiff does not indicate which of the underlying facts are and are not relevant.
The Eleventh Circuit pattern jury instructions for a § 1983 excessive force claim requires the jury to consider the severity of the underlying facts of the plaintiff's arrest:
Every person has the constitutional right not to be subjected to excessive or unreasonable force while being arrested by a law enforcement officer-even though the arrest is otherwise lawful...Whether a specific use of force is excessive or unreasonable depends on factors such as the crime's severity, whether a suspect poses an immediate violent threat to others, and whether the suspect resists or flees.
11th Cir. Jury Instr. (Civ.) 5.2.
Plaintiff only makes a Rule 403 argument as to the underlying facts of his arrest. D.E. 350 at *2.