Opinion

Hart v. Allen

Court
District Court, M.D. Louisiana
Filed
Oct 26, 2023
Cited by
0 cases

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

RICHARD HART

CIVIL ACTION

VERSUS

21-CV-699-SDD-RLB

MARCUS ALLEN

RULING

Before the Court is the Motion in Limine to Exclude To Exclude the Report and any

Testimony of Lloyd Grafton.1 The Motion is opposed.2 For the following reasons, the

Motion3 is GRANTED.

I. BACKGROUND

Plaintiff alleges that DOC security officers, Captain Marcus Allen (“Allen”) and Major

Ray Johnson (“Johnson”), employed unnecessary and excessive use of force on him

causing him multiple injuries. The Plaintiff engaged Lloyd Grafton to provide opinion

testimony on the use of force and whether the officer’s conduct violated DOC policies and

procedures.

II. LAW AND ANALYSIS

Federal Rule of Evidence 702 guides the Court’s analysis. Movant does not challenge

Grafton’s qualifications. Defendant argues that Grafton’s opinions are largely legal

conclusions and otherwise invade the fact-finding role of the jury. The Court agrees. Mr.

Grafton’s opines that the alleged conduct of the defendant officers was “unprofessional”

1 Rec. Doc. 42.

2 Rec. Doc. 43.

3 Rec. Doc. 42.

and violated DOC regulations, that there was “no cause to take Mr. Hart into an area

away from cameras”, and that the defendants “failed to properly document this event,

which is a violation of the policies”.4

The Court finds that Mr. Grafton’s opinions are unnecessary to “help the trier of fact

to understand the evidence or to determine a fact in issue”. As in other cases before the

Court Mr. Grafton’s opinions in this case “go to the ultimate question to be determined by

the jury or are stated as legal conclusions.”5 Moreover, whether the alleged actions of the

defendants were excessive or violative of DOC regulations are within the fact-finding

purview of the jury.6 Just as in the Fetty7 case, in this case Mr. Grafton proposes to finds

facts and draw legal conclusions regarding the reasonableness and necessity of

Defendants’ purported conduct.

IT IS ORDERED that the Motion in Limine [Rec. Doc. 42] to Exclude the Opinion

Testimony of Lloyd Grafton be and is hereby GRANTED.

Signed in Baton Rouge, Louisiana, on October 26, 2023.

S

CHIEF JUDGE SHELLY D. DICK

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

4 Rec. Doc. 42-2.

5 Jones v Lollis, CV 18-885, 2020 WL 3469105, at *2 (M.D. La. June 25, 2020).

6 Brown v. Strain, CV 09-2813, 2010 WL 3523026 (M.D. La. Aug. 31, 2010).

7 Fetty v. The City of Baton Rouge, 518 F. Supp. 3d 923 (M.D. La. 2021).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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