United States District Court, W.D. Washington, Seattle
BAO XUYEN LE, as Personal Representative of the Estate of Tommy Le; HOAI “SUNNY” LE; and DIEU HO, Plaintiffs,
REVEREND DR. MARTIN LUTHER KING, JR. COUNTY, et al., Defendants.
following Minute Order is made by direction of the Court, the
Honorable Thomas S. Zilly, United States District Judge:
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.
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
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.
Unopposed motion to exclude evidence regarding any past
complaints, prior use of force, or unrelated investigations
or discipline of the involved deputies is GRANTED.
Unopposed motion to exclude any argument that jurors should
place themselves in plaintiffs' position is GRANTED.
Motion to exclude reference to plaintiffs' motivations
for bringing suit is GRANTED.
Unopposed motion to exclude evidence regarding settlement
negotiations is GRANTED.
Unopposed motion to exclude reference to the No. of attorneys
employed by King County is GRANTED.
Motion to exclude reference to recent police-involved
shootings of civilians and related protests is ...