The opinion
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18-cv-00586-RJC-DSC
JANE DOE, )
)
Plaintiff, )
)
v. )
) Order
CHARLOTTE MECKLENBURG BOARD OF )
EDUCATION and CITY OF CHARLOTTE, )
)
Defendants. )
)
THIS MATTER comes before the Court on the Parties’ motions in limine. (Doc. Nos.
229, 232, 239, 243, 244, 248, 252, 254, 255, 256, 258, 259). In the interest of providing the parties
with the Court’s rulings ahead of trial, the Court below lists the Parties’ relevant filings by docket
number, a summary of the request, and the Court’s ruling.
I. OVERLAPPING REQUESTS
Doc. No. Request Ruling
The Plaintiff’s request is GRANTED
IN PART and DENIED IN PART.
The Defendants’ requests are
Plaintiff’s Request: The Court should admit GRANTED IN PART and DENIED
testimony and records of prior instances of student IN PART. The Court will allow
sexual assault and harassment reports at Myers Park evidence related to the Jill Roe and the
High School (“MPHS”). S.B. incidents in 2014, subject to certain
244; 232;
limitations. The testimony and other
239
Defendants’ Request: The Court should exclude evidence related to these incidents is
evidence of other students’ claims or incidents of limited to substance of the reports of
sexual misconduct at Myers Park High School or these incidents to Defendants CMS
CMS schools. and/or the City and their employees, the
receipt of such reports by Defendants
and their employees, and Defendants
and their employees’ acts or omissions
Doc. No. Request Ruling
in response to those reports. The Court
will also allow evidence related to the
Fall 2015 school assembly involving
Principal Bosco.
During the presentation of this evidence
the Court will be mindful of its
obligations under Fed. R. Evid. 611 and
its discretion under Fed. R. Evid. 403.
As such, the Court may, on objection or
sua sponte, exclude evidence if it
becomes a waste of time, ineffective for
the jury to determine the truth, causing
harassment or undue embarrassment,
cumulative, confusing, misleading, or if
it is presented in a manner causing
unfair prejudice.
The Court will not allow presentation of
evidence regarding the G.B. incident in
2016. Fed. R. Evid. 401; Fed. R. Evid.
402; Fed. R. Evid. 403.
The Court will exclude the declarations
Plaintiff seeks to admit as inadmissible
hearsay. Fed. R. Evid. 802.
Additionally, the Court will exclude the
deposition Plaintiff seeks to admit
because Plaintiff did not file the
testimony from Stacey Weinstein’s
deposition in accordance with the
requirements in the Court’s case
management Order.
The Court will consider objections to
any other specific evidence or testimony
at trial.
Plaintiff’s Request: The Court should admit
evidence of the Internal Affairs Bureau (“IAB”) of
Plaintiff’s request is DENIED.
the Charlotte Mecklenburg Police Department
Defendant’s request is GRANTED.
(“CMPD”) for School Resource Officer Bradley
243; 239 Fed. R. Evid. 401; Fed. R. Evid. 402;
Leak.
Fed. R. Evid. 403.
City’s Request: The Court should exclude evidence
of Officer Bradley Leak’s prior IAB history.
II. PLAINTIFF’S REQUESTS
Doc. No. Request Ruling
The Court should take the following protective
measures during trial: (1) an admonishment to each
and every witness called to the stand to abide by the
Order by using (a) the designated pseudonyms for
GRANTED IN PART. The Court will
Ms. Doe and her family, and (b) the initials of former
not admonish the witnesses called to the
MPHS students; (2) require the Parties to redact all
stand to abide by the Protective Order.
personal identifying information of Ms. Doe and her
229 Instead, the lawyers are instructed to
family in exhibits publicly displayed during the trial;
admonish every witness they call to the
and (3) to prohibit any photographs or unauthorized
stand to abide by the Protective Order.
recordings of Ms. Doe, her family members, or
Otherwise, GRANTED.
former MPHS student witnesses, as well as other
efforts by the media (or any “citizen journalists”
present) from publicizing their descriptions or
otherwise seeking to identify them.
The Court should exclude evidence or testimony
concerning the CMPD IAB investigation and any
subsequent findings made during the related Chain GRANTED.
248
of Command Review Board with respect to SRO Fed. R. Evid. 403.
Leak’s conduct related to the incident involving
Plaintiff.
The Court should exclude evidence or testimony
GRANTED.
252 regarding the criminal conviction of Jane Doe’s
Fed. R. Evid. 609; Fed. R. Evid. 403.
father, Mr. Doe, from 1998.
The Court should exclude evidence or testimony
regarding the U.S. Department of Education’s Office
of Civil Rights (“OCR”) Letter of Findings arising GRANTED.
254
out of the Title IX complaint Ms. Doe and her Fed. R. Evid. 403.
parents filed against CMS in 2016, and any related
evidence or testimony concerning the same.
GRANTED. The Court is excluding
The Court should exclude Stephanie McKinney, the OCR Findings, such that calling
255
CMS’s Title IX Coordinator, from testifying. Stephanie McKinney for Defendant’s
requested purpose is unnecessary.
The Court should exclude evidence or testimony DENIED.
256 regarding text messages between Ms. Doe and Q.W. Fed. R. Evid. 401; Fed. R. Evid. 402;
exchanged prior to November 3, 2015. Fed. R. Evid. 801.
The Court should instruct the jury that it may draw
258 adverse inferences against CMS and the City based DENIED.
on their destruction and failure to preserve:
Doc. No. Request Ruling
Security camera footage showing Q.W. and Ms.
Doe on campus prior to the alleged kidnapping and
sexual assault on Ms. Doe on November 3, 2015;
All investigative records and disciplinary files
related to this event by AP Anthony Perkins—the
administrator charged with investigating the
incident;
All CMS’s disciplinary records for student sexual
assault reports at MPHS and the adjacent woods
prior to October 2016, which were routinely
destroyed by officials; and
The audio recording of Detective Banner’s
November 12, 2015 Interview with Jane Doe.
III. DEFENDANT CMS’S REQUESTS
Doc. No. Request Ruling
The Court should exclude any evidence, testimony,
exhibits, and arguments regarding emotional distress
damages, including (1) Plaintiff’s medical records
and bills; (2) testimony regarding emotional distress
damages from any witness; (3) the report and
opinions of Plaintiff’s expert witness (forensic GRANTED as to the Plaintiff’s Title IX
pediatrician) Dr. Sharon Cooper who has opined that claim. Cummings v. Premier Rehab
“Ms. Doe continues to exhibit significant evidence Keller, PLLC, 142 S. Ct. 1562 (2022).
232 of generalized anxiety and depression, as well as The Court makes no ruling as to the
diagnoses of social anxiety disorder, major admissibility of the evidence of
depressive disorder, binge-eating disorder, emotional distress damages for
avoidant/restrictive food intake disorder, and post- Plaintiff’s other claim.
traumatic stress disorder (“PTSD”);” and (4) any
evidence, testimony, or documents pertaining to
Plaintiff’s alleged damages that are based on,
because of, or related to, Plaintiff’s emotional
distress.
The Court should exclude any evidence, testimony,
DENIED.
232 exhibits, and arguments relating to CMS’s Title IX
Fed. R. Evid. 401; Fed. R. Evid. 402.
training or discipline training.
The Court should exclude any evidence, testimony,
exhibits, and arguments relating to a claim of
obstruction of justice and that AP Perkins sought to DENIED.
232
prevent, impeded, or hinder any investigation of Fed. R. Evid. 401; Fed. R. Evid. 402.
Plaintiff’s alleged sexual assault and abduction
(through criminal, disciplinary process, or Title IX).
Doc. No. Request Ruling
The Court should exclude any evidence, testimony,
exhibits, and arguments relating to a claim that AP DENIED.
232
Perkins or CMS failed to prevent the alleged Fed. R. Evid. 401; Fed. R. Evid. 402.
kidnapping and sexual assault of Plaintiff.
The Court should exclude any evidence and DENIED WITHOUT PREJUDICE.
testimony by Plaintiff’s expert Dr. Sharon Cooper At trial, the Court will consider
232 that goes beyond her expertise as a forensic objections to specific testimony or
pediatrician. exhibits. The Court will apply the
Federal Rules of Evidence.
GRANTED.
The Court should exclude all newspaper articles and
232 Fed. R. Evid. 401; Fed. R. Evid. 402;
news stories on Plaintiff’s exhibit list.
Fed. R. Evid. 403.
NEITHER GRANTED NOR
DENIED. Defendant fails to identify
any specific witness or exhibit that is
duplicative, repetitive, or cumulative.
The Court should exclude all duplicative, repetitive,
232 However, the Court will not waste the
and cumulative evidence.
jury’s time with duplicative, repetitive,
or cumulative evidence. At trial, the
Court will consider objections to
specific testimony and exhibits.
GRANTED IN PART. GRANTED as
to any references to the regulation and
regulatory requirements or violations,
The Court should exclude any evidence, testimony,
and also to the extent Defendant seeks
exhibits, and arguments regarding any failure by
232 to exclude OCR Findings. Otherwise,
CMS to follow Title IX regulations or implement or
DENIED, including as to the
follow a grievance procedure.
underlying facts that may or may not
have been regulatory requirements
and/or violations.
IV. DEFENDANT CITY’S REQUESTS
Doc. No. Request Ruling
The Court should exclude prior verdicts and
settlements paid by the City of Charlotte directly or GRANTED.
239
on behalf of its employees in other lawsuits or
claims.
239 The Court should exclude news articles and media
GRANTED.
coverage on the subject incident involving Plaintiff
Fed. R. Evid. 401; Fed. R. Evid. 402;
or other alleged incidents at CMS and MPHS
Fed. R. Evid. 403.
pertaining to alleged sexual misconduct.
|Doc.No. [| Request |
239 GRANTED IN PART to the extent
Plaintiff seeks to introduce the standards
The Court should exclude evidence relating to an set out in N.C. Gen. Stat. § 160A-288.4.
alleged failure to train. Fed. R. Evid. 401; Fed. R. Evid. 402;
Fed. R. Evid. 403. Otherwise,
DENIED.
239 The Court should exclude evidence of the purchase
of liability insurance, references to the purchase of GRANTED.
insurance, or references to waiver of governmental
immunity.
239 The Court should exclude evidence of the mediation
process or any other settlement discussions,
including the November 30, 2022 judicial settlement GRANTED.
conference.
239 The Court should exclude any testimony by any
witness, and any transcript or audio evidence, | DENIED WITHOUT PREJUDICE.
including those included in media coverage, related | At trial, the Court will consider
to statements made by CMPD Major Cecil Brisbon, | objections to specific testimony and
including but not limited to, Plaintiff's Exhibits 65, | exhibits.
304, and 305.
incident between Jane Doe and Q.W. as a rape. Fed. R. Evid. 403.
259 The Court should exclude the testimony of Plaintiff's
expert witness George Kirkham because he is not
qualified to offer the proposed opinions on school | GRANTED.
resource officers and acceptable conduct by school | Written order to follow.
resource officers and his opinions lack any
acceptable bases and are unreliable.
Signed: January 11, 2023
Robert J. Conrad, Jr. hed.
United States District Judge “ee