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Le v. King

United States District Court, W.D. Washington, Seattle

May 28, 2019

BAO XUYEN LE, as Personal Representative of the Estate of Tommy Le; HOAI “SUNNY” LE; and DIEU HO, Plaintiffs,
v.
REVEREND DR. MARTIN LUTHER KING, JR. COUNTY, et al., Defendants.

          MINUTE ORDER

         The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge:

         (1) Plaintiffs' motion in limine, docket no. 154, is GRANTED in part, DENIED in part, and DEFERRED in part, as follows:

A. Motion to exclude or limit the testimony of Kevin Hernandez, Zach Schwiethale, and Anthony Rice is DENIED.
B. Motion to preclude lay witness opinions regarding whether Deputy Molina was reasonable in using lethal force against Tommy Le is GRANTED. Lay witnesses may testify about whether they believed the officers' lives were in danger, but not whether the use of lethal force was reasonable or justified.
C. Motion to exclude testimony about knives found in Tommy Le's room is GRANTED.
D. Motion to exclude evidence concerning drugs found in Tommy Le's room is GRANTED. Motion to exclude Tommy Le's journal is DEFERRED to the Pretrial Conference. The journal might be relevant with regard to damages. No. mention shall be made of the journal until further order of the Court.
E. Motion to exclude Exhibit 6 to the deposition of Zach Schwiethale is GRANTED.
F. Unopposed motion to exclude any criminal charges, arrests, or convictions of witnesses is GRANTED subject to Federal Rule of Evidence 609.

         (2) Defendant Reverend Dr. Martin Luther King, Jr. County's motion in limine, docket no. 153, in which defendant King County Deputy Sheriff Molina joins, is GRANTED in part, DENIED in part, STRICKEN in part, and DEFERRED in part, as follows:

         1. Motion to exclude reference to King County's self insurance or indemnification policies is GRANTED, provided that the Court will reconsider if Deputy Molina testifies about his lack of ability to pay an award.

         2. Unopposed motion to exclude evidence regarding any past complaints, prior use of force, or unrelated investigations or discipline of the involved deputies is GRANTED.

         3. Unopposed motion to exclude any argument that jurors should place themselves in plaintiffs' position is GRANTED.

         4. Motion to exclude reference to plaintiffs' motivations for bringing suit is GRANTED.

         5. Unopposed motion to exclude evidence regarding settlement negotiations is GRANTED.

         6. Unopposed motion to exclude reference to the No. of attorneys employed by King County is GRANTED.

         7. Motion to exclude reference to recent police-involved shootings of civilians and related protests is ...


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