Shannon v. Koehler - Northern District of Iowa

and (4) similar in kind and close in time to the [event at issue].” Batiste-Davis v. Lincare,
Inc., 526 F.3d 377, 380 (8th Cir. 2008) (quoting Berry v. Oswalt, 143 F.3d 1127, 1132
(8th Cir. 1998)) (internal quotation marks omitted); accord United States v. Aranda, 963
F.2d 211, 215 (8th Cir. 1992); United States v. Campbell, 937 F.2d 404, 406 (8th Cir.
1991)).
The complaints are classic examples of “other crimes, wrongs, or acts” evidence
prohibited by Rule 404(b). They serve to show that Koehler has a propensity to use
excessive force and, in conformity with that propensity, used excessive force during his
encounter with Shannon. Shannon has not presented any convincing arguments as to why
the complaints are admissible for “other purposes” under Rule 404(b). His argument
consists of one sentence: “the prior complaints are proper evidence under Fed. R. Evid.
404(b) since they go to Koehler’s motivation and intent to use force against Shannon and
they go to show that Koehler disregards and disregarded his training on the use of force.”
Plaintiff’s Resistance To Defendants’ Motions in Limine at 8 (docket no. 104-1).
Shannon’s contention that the complaints are admissible to show that Koehler
disregards his training is nothing more than an attempt to prove Koehler’s character in
order to show action in conformity therewith. Proof that Koehler has disregarded his
training at other times suggests that he also disregarded his training during his encounter
with Shannon. Shannon’s argument, that the complaints show Koehler’s propensity to
disregard his training, is prohibited under Rule 404(b). See FED. R. EVID. 404(b).
As far as proof of motive and intent, Shannon does not explain the probative value
of the complaints to any issue in this case, much less how they prove motive or intent.
12 (...continued)
States, 485 U.S. 681, 691 (1988). This apparent discrepancy does not matter in this case;
as discussed below, the disputed evidence is inadmissible under either standard.
33