Shannon v. Koehler - Northern District of Iowa

2. Prior excessive force claims against Koehler ........... 31
3. Motor vehicle accident ....................... 37
4. El Forastero investigation ........................ 38
5. Offers of compromise and “Golden Rule” arguments ...... 38
6. Excessive force incident reports ................... 40
7. Bifurcation ................................ 40
B. Plaintiff’s Second Motion In Limine ....................... 41
1. Shannon’s OWI conviction ................... 41
2. Cristina Navrkal’s hearsay statements .............. 46
C. Defendants’ Motion To Exclude Plaintiff’s Experts .......... 54
1. Arguments of the Parties ........................ 54
2. Analysis ................................ 56
III. CONCLUSION .................................... 65
IV. APPENDIX: PROPOSED LIMITING INSTRUCTION .............. 68
I. INTRODUCTION
Plaintiff Timothy Shannon has filed suit against Officer Michael Koehler, the City
of Sioux City, and Police Chief Joseph Frisbie, alleging excessive force under § 1983 and
state claims for assault and battery, as well as municipal liability on each claim. Trial is
set to proceed against Koehler in November 2011, with a separate trial of the remaining
defendants to follow. Before me at this time are Defendants’ Motions In Limine 1 ;
1 Several of the defendants’ motions in limine, including those relating to offers of
compromise and “Golden Rule” arguments, appear to be boilerplate additions that did not
truly require a court order. Shannon’s responses indicate that he has no intention of
introducing such evidence. The defendants easily could have—and indeed should
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