United States District Court, W.D. Louisiana, Shreveport Division
HORNSBY MAGISTRATE JUDGE
MAURICE HICKS, JR. CHIEF JUDGE
the Court are multiple Motions in Limine (Record Documents
44-49) filed by Plaintiff Legee Adams (“Adams”)
seeking to exclude (1) certain comments from Defendants City
of Shreveport, Officer Coleman (“Coleman”), and
Officer Neville (“Neville”) (collectively
“Defendants”) and/or Defendants' counsel; (2)
Adams' prior convictions; and (3) Adams' use or
possession of marijuana on the date in question. Adams also
seeks permission to (1) demonstrate his injuries to the jury;
(2) present proposed jury instruction on reasonable force;
and (3) allow the trial testimony of Aaron King
(“King”). Defendants have filed their own Motions
in Limine (Record Documents 50-51) to exclude prior acts
and/or disciplinary history of Coleman and Neville and to
exclude the trial testimony of King. For the reasons
contained in the instant Memorandum Ruling, Adams'
Motions in Limine are declared MOOT,
DEFERRED to trial, GRANTED IN
PART and DENIED IN PART.
Additionally, Defendants' Motions in Limine are
AND PROCEDURAL BACKGROUND
action arises from Adams' arrest on the night of November
6, 2014, in Shreveport, Louisiana. On that night, Officers
Coleman and Neville, members of a combined Caddo Parish
Sheriff's Department and Shreveport Police Department
(“SPD”) street-level narcotics team, were
patrolling streets near the Louisiana State Fairgrounds in
Shreveport. See Record Document 21-6 at 13. While on
patrol travelling westbound on Boone Street at about 8:30 PM,
Officers Coleman and Neville observed two males walking in
the street. See id. at 11. According to Officer
Coleman, one of the men (who was later identified as Adams)
was also “sagging, ” meaning that he was wearing
his pants below his waist, in violation of Shreveport City
Ordinance § 50-167 (wearing of pants below the waist in
public). See Record Document 21-5 at 11. The two men
were Adams and his cousin, King. See Record Document
21-8 at 7.
officers decided to perform an investigative or
Terry stop of the two men. See Record
Document 21-5 at 13. The officers emerged from their car to
initiate the stop. According to Officer Coleman, Adams ran
from him as soon as he began to exit the car; Officer Coleman
then immediately began yelling “stop” and
“police” at Adams as he chased him. See
Record Document 21-5 at 13. Officer Coleman eventually caught
up to Adams in a vacant lot nearby. According to Adams, after
running for an uncertain distance, he stopped. See
Record Document 21-8 at 9. Then, he contends that Officer
Coleman tackled him, punched him multiple times in the face,
kicked him in the arm and ribs, hit him in the collarbone
with a pair of handcuffs, and roughly pulled his arms behind
his back and put them in handcuffs. See id. at 9-10.
Officer Coleman contends that as he was chasing Adams, Adams
began to stumble, and he grabbed Adams' shoulder as Adams
was falling to the ground. See Record Document 21-5
at 14. According to Officer Coleman, once he and Adams were
on the ground, with Adams face down and Officer Coleman's
chest on top of him, Officer Coleman simply pulled Adams'
arms out from beneath him and handcuffed them behind his
back. See id. The next day, doctors diagnosed Adams
with a broken collarbone, hand sprain and strain, and
fractured hand. See Record Document 21-4 at 18.
was later charged with possession of marijuana and resisting
an officer. See Record Document 21-9 at 2 (certified
record of court proceedings from First Judicial District
Court, Caddo Parish, Louisiana). On December 16, 2014, Adams
pleaded guilty to possession of marijuana, and the resisting
an officer charge was dismissed. See
November 5, 2015, Adams filed the instant 42 U.S.C. §
1983 action. In his complaint, Adams asserted both federal
constitutional claims and claims under state law.
See Record Document 1. On August 28, 2017, this
Court denied Defendants' Motion for Partial Summary
Judgment regarding Adams' § 1983 claim for excessive
force against Officer Coleman and his state law claims for
excessive force, assault, and battery against Officer
Coleman. See Record Document 65. This Court then
dismissed all of Adams' other § 1983 claims as well
as Adams' state law claims for false arrest, false
imprisonment, and malicious prosecution against all
Defendants, and dismissed his negligent hiring, training,
and/or supervision claim against the City of Shreveport.
13, 2017, Adams and Defendants each filed multiple Motions in
Limine. See Record Documents 44-51. Adams desires to
exclude (1) certain comments from Defendants and/or
Defendants' counsel; (2) his prior convictions; and (3)
his use or possession of marijuana on the date in question.
He also seeks permission to (1) demonstrate his injuries to
the jury; (2) present proposed jury instruction on reasonable
force; and (3) allow the trial testimony of King. Defendants
ask to exclude the prior acts and/or disciplinary history of
Coleman and Neville and the trial testimony of King. Both
Adams and Defendants responded to the respective Motions on
July 20, 2017. See Record Documents 54, 55, 57.
Thus, the Motions are now fully briefed.
Adams' Omnibus Motions in Limine Nos. 1-9 (Record
requests this Court to exclude the following:
1) Any comments, testimony, evidence, or argument disparaging
“trial lawyers, ” or “plaintiffs'
lawyers, ” suggesting lawsuits such as this one are an
ill of our society.
2) Any comments, testimony, evidence, or argument regarding
“overcrowded” courtrooms, or any effort by
Defendants to identify this case as the type that causes
backlogs or delays in the court system.
3) Any comments, testimony, evidence, or argument regarding
the personal opinions of counsel on the merits of the case,
the credibility of witnesses or counsel, or personal
knowledge regarding any issue.
4) Any comments, testimony, evidence, or argument regarding
any possible award to Plaintiff being used to
“compensate” Plaintiff's counsel.
5) Any comments, testimony, evidence, or argument indicating
Plaintiff's counsel as being from
“out-of-state” or “out-of-town.” 6)
Any comments, testimony, evidence, or argument portraying the
jurors as “taxpayers” or as ...