Opinion

Taylor v. Wexford Health Sources, Incorporated

Court
District Court, S.D. West Virginia
Filed
Jun 21, 2024
Cited by
0 cases
Authority
More cited than 32.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

CHARLESTON DIVISION

JOSEPH TAYLOR,

Plaintiff,

v. CIVIL ACTION NO. 2:23-cv-00475

WEXFORD HEALTH SOURCES,

INCORPORATED, et al.,

Defendants.

MEMORANDUM OPINION AND ORDER

The Court has reviewed several motions in limine filed by each party in this matter, and

provides the rulings set forth below.

DEFENDANTS’ MOTIONS

1. Document 212

The Court has reviewed the Defendants’ Joint Motion in Limine to Preclude Plaintiff’s

Argument, Theory of Case, or Testimony Asserting that the Defendants’ MOUD Policy Was “If

You Did Not Have An Active MOUD Prescription At the Time of Incarceration, Then You Were

Precluded from Receiving MOUD Treatment (Document 212) and the Plaintiff’s Consolidated

Response to Defendants’ Joint Motions in Limine 1-8 (Document 227) (hereinafter, Pl.’s Resp.).

The Defendants argue that the evidence establishes that Wexford’s guidelines for treatment of

OUD (opioid use disorder) called for an individualized approach, and providers could start MOUD

(medication for opioid use disorder) for a patient who did not have an active prescription on intake

if the provider believed it to be medically indicated. Therefore, they request that the Court

preclude the Plaintiff from arguing or introducing testimony that the Defendants’ policy was to

provide MOUD only if patients arrived with an active prescription.

The Plaintiff argues that the Defendants seek to improperly relitigate the motions for

summary judgment and ask the Court to resolve a factual dispute, rather than an evidentiary issue,

through this motion in limine.

The Court finds that the motion seeks resolution of a disputed factual issue, as more fully

discussed in the Court’s opinion resolving the motions for summary judgment. Therefore, the

Court ORDERS that Defendants’ Joint Motion in Limine to Preclude Plaintiff’s Argument, Theory

of Case, or Testimony Asserting that the Defendants’ MOUD Policy Was “If You Did Not Have

an Active MOUD Prescription at the Time of Incarceration, Then You Were Precluded from

Receiving MOUD Treatment (Document 212) be DENIED.

2. Documents 213 and 218

The Court has reviewed the Defendants’ Joint Motion in Limine to Preclude Lay Witnesses

from Offering Medical Opinions at Trial (Document 213), the Defendants’ Joint Motion in Limine

to Preclude Any Testimony or Argument That Plaintiff Overdosed After He Was Released from

Central Regional Jail (Document 218) and the Plaintiff’s Response. The Defendants argue that

some of the Plaintiff’s statements in his deposition, such as his testimony that he was withdrawing

from Suboxone when he was admitted to CRJ (Central Regional Jail) and that he overdosed on

opioids following his release, require medical expertise. They also contend that the Plaintiff’s

expert lacks a sufficient basis to testify regarding the Plaintiff’s alleged overdose.

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The Plaintiff argues that the rules permit him to testify as to his own experiences in going

through withdrawal and suffering an overdose, and also permit his wife to testify about observing

his overdose and reviving him. He emphasizes that the proposed testimony would be based on

the witnesses’ personal knowledge, and recognizing symptoms of drug overdose is within the

knowledge of a lay person. The Plaintiff further argues that Dr. Fingerhood’s opinion is

adequately supported, and that Dr. Mitcheff’s declaration, dated May 10, 2024, should be stricken

because it is untimely, covers a subject that was not properly disclosed pursuant to Rule 26(a)(2),

does not satisfy Rule 702, lacks supporting methodology and citations, and would cause prejudicial

surprise.

The Court finds that the Plaintiff and other witnesses should be permitted to testify as to

their own experiences and matters within their personal knowledge, including withdrawal and

overdose. Withdrawal and overdose are within the knowledge of laypeople, particularly

laypeople with a history of OUD or a close relationship with someone with OUD. Any objections

as to foundation can be made during trial, and the Defendants may challenge testimony on cross-

examination. The Court would note, however, that such testimony must be limited to that within

the knowledge of the witnesses. The Plaintiff has referred to the alleged overdose, for which he

did not receive professional medical care, as “near-fatal,” which, absent further evidence

establishing a foundation, may be outside the scope of knowledge of a layperson. Following

careful consideration, the Court ORDERS that the Defendants’ Joint Motion in Limine to Preclude

Lay Witnesses from Offering Medical Opinions at Trial (Document 213) and the Defendants’ Joint

Motion in Limine to Preclude Any Testimony or Argument That Plaintiff Overdosed After He Was

Released from Central Regional Jail (Document 218) be DENIED.

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3. Document 214

The Court has reviewed the Defendants’ Joint Motion in Limine to Preclude Plaintiff from

Arguing at Trial That Defendants Maintain a Policy of Not Prescribing Medications for Opioid

Use Disorder in Order to Save Money (Document 214) and the Plaintiff’s Response. The

Defendants argue that “[t]here is no evidence to support the allegations that Defendants financially

benefit by not providing inmates with MOUD and therefore force inmates with OUD, including

those already being treated with MOUD, into withdrawal.” (Defs.’ Mot. at 3) (Document 214.)

The Plaintiff concurs in this motion and contends that the Defendant should likewise be

precluded from introducing evidence or argument regarding the financial motivations underlying

the defendants’ MOUD policies.

Accordingly, the Court ORDERS that the Defendants’ Joint Motion in Limine to Preclude

Plaintiff from Arguing at Trial That Defendants Maintain a Policy of Not Prescribing Medications

for Opioid Use Disorder in Order to Save Money (Document 214) be GRANTED as unopposed.

4. Document 215

The Court has reviewed the Defendants’ Joint Motion in Limine to Preclude Testimony

That Plaintiff Was Withdrawing from Suboxone When He Entered Custody (Document 215) and

the Plaintiff’s Response. The Defendants argue that the Plaintiff should not be able to testify as

to what substance(s) caused his alleged withdrawal symptoms, and that his expert, Dr. Fingerhood,

lacks a reliable basis for any testimony that he was in withdrawal from Suboxone as opposed to

other substances.

The Plaintiff contends that “the nature, cause, and severity of Mr. Taylor’s opioid

withdrawal is a fact question that belongs to the jury.” (Pl.’s Resp. at 19.) He states that he does

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not contend that his withdrawal symptoms were solely from the termination of Suboxone

prescription, and withdrawal from multiple controlled substances does not preclude the admission

of evidence that he suffered from Suboxone withdrawal. In addition, he argues that his years of

experience with opioid use, treatment, and withdrawal provides a foundation for lay opinion

testimony regarding his experience. Ultimately, the Plaintiff contends that cross-examination,

rather than exclusion, is the appropriate method of challenging the evidence regarding the

Plaintiff’s alleged withdrawal from Suboxone.

The Court finds that the factual dispute regarding the extent of Mr. Taylor’s withdrawal

symptoms, the extent to which those symptoms were attributable to Suboxone, and whether

MOUD should have been prescribed to alleviate those symptoms, cannot properly be resolved on

a motion in limine. Therefore, the Court ORDERS that the Defendants’ Joint Motion in Limine

to Preclude Testimony That Plaintiff Was Withdrawing from Suboxone When He Entered Custody

(Document 215) be DENIED.

5. Document 216

The Court has reviewed the Defendants’ Joint Motion in Limine to Preclude Plaintiff from

Presenting Argument that Non-Receipt of Medication for Opioid Use Disorder While Incarcerated

Caused Him to Relapse After Release (Document 216) and the Plaintiff’s Response. The

Defendants contend that the Plaintiff’s relapse prior to incarceration casts doubt on any link

between the failure to prescribe MOUD and his post-release relapse. They also argue that there

is no basis to attribute a particular instance of relapse to treatment methods.

The Plaintiff argues that there is substantial evidence of a heightened risk of relapse and

overdose upon release when people with OUD are not treated with MOUD in jail, including

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evidence and testimony from the Defendants’ employees. He argues that the Defendants can

properly challenge causation and damages related to the overdose through contrary evidence and

cross examination, but that there is no basis for excluding the evidence at issue.

To the extent the Plaintiff has otherwise admissible evidence related to the causation of his

post-incarceration relapse and alleged overdose, the Court finds that such evidence should be

permitted. The Plaintiff’s expert may provide relevant evidence as to causation. The Plaintiff

may testify as to his history with MOUD, his experience with opioid use, relapse, overdose, and

cravings. If he is able to lay an appropriate foundation, he could be permitted to testify as to a

causal relationship between the denial of MOUD and his relapse, but the Court directs that any

such testimony be offered in a way that permits an objection and ruling as to foundation prior to

introduction of the challenged testimony. Following careful consideration, and as set forth in

more detail herein, the Court ORDERS that the Defendants’ Joint Motion in Limine to Preclude

Plaintiff from Presenting Argument that Non-Receipt of Medication for Opioid Use Disorder

While Incarcerated Caused Him to Relapse After Release (Document 216) be DENIED.

6. Document 217

The Court has reviewed the Defendants’ Motion in Limine to Preclude Argument that

Plaintiff Had an ‘Active’ Suboxone Prescription When He Entered Custody at Central Regional

Jail, or that the Defendants ‘Removed’ Him from His Suboxone Prescription (Document 217) and

the Plaintiff’s Response. The Defendants argue that the evidence clearly shows that the Plaintiff’s

seven-day prescription for Suboxone, issued on December 20, 2022, was not active when he

entered custody on January 1, 2023.

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The Plaintiff argues that he should be permitted to offer evidence from Dr. Fingerhood and

Dr. Michael, his expert and his former treating physician, regarding their understanding of the term

“active prescription” and its medical usage (or non-usage). He argues that this issue, too, involves

a factual dispute to be resolved by the jury.

Following careful consideration, the Court ORDERS that the Defendants’ Motion in

Limine to Preclude Argument that Plaintiff Had an ‘Active’ Suboxone Prescription When He

Entered Custody at Central Regional Jail, or that the Defendants ‘Removed’ Him from His

Suboxone Prescription (Document 217) be DENIED. The Plaintiff is free to present evidence

contrary to the Defendants’ position.

7. Document 219

The Court has reviewed the Defendants’ Joint Motion in Limine to Preclude Reference to

Inmate Grievance Logs Unless and Until the Same Are Admitted into Evidence (Document 219)

and the Plaintiff’s Response. The Defendants argue that there should be no discussion of the

Grievance Logs until they are admitted into evidence in accordance with the rules of evidence.

The Plaintiff argues that the grievance logs are important records that help establish the

Defendants’ pattern and practice of discontinuing patients from MOUD, and that Dr. Fingerhood

reviewed the records in formulating his expert report and should therefore be permitted to discuss

them. He contends that they are admissible business records, containing information submitted

for the purpose of obtaining medical treatment, and are therefore admissible for both the truth of

the matters asserted and to show that the Defendants had notice of the harmful effects of denying

MOUD to detainees without ‘active’ prescriptions.

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The Defendants do not argue substantively that the Court should find that the grievance

logs are not admissible at this stage. The Defendants’ motion appears to be focused on preventing

reference to the grievance logs in opening statements, and in reference to the Plaintiff’s expert.

The Plaintiff may use opening statements to preview evidence that they reasonably believe will be

admitted. The Plaintiff’s expert may discuss materials used to produce his report. Therefore, the

Court ORDERS that the Defendants’ Joint Motion in Limine to Preclude Reference to Inmate

Grievance Logs Unless and Until the Same Are Admitted into Evidence (Document 219) be

DENIED.

PLAINTIFF’S MOTIONS

The Court has reviewed the Plaintiff’s Motions in Limine No. 1-14 (Document 222) and

the Defendants’ Joint Response to Plaintiff’s Motions in Limine No. 1-14 (Document 228).

1. First Motion

The Plaintiff seeks to bar evidence of his convictions, arrests, and disciplinary history,

asserting that only the fact that he is a convicted felon should be admitted under Rule 609 and Rule

403. The Defendants argue that his criminal record is admissible. They contend that his felony

conviction(s) are admissible pursuant to Rule 609(a)(2), that the fact of his incarceration and

conviction is a necessary element of his claim, and that his criminal record is relevant to damages.

They do not oppose the motion to the extent it requests exclusion of other criminal history. They

argue that his disciplinary history subsequent to the relevant time period that relates to diversion

of MOUD could prove relevant and ask the Court to hold the motion in abeyance on that portion

of the motion.

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Rule 609(a)(1)(A) of the Federal Rules of Evidence provides that a witness’s character for

truthfulness may be attacked through evidence of a conviction “for a crime that, in the convicting

jurisdiction, was punishable by death or by imprisonment for more than one year,” subject to Rule

403. Thus, the Court finds that the Defendants should be permitted to question the Plaintiff on

cross examination about the existence of criminal convictions for felony offenses that occurred

within ten years, pursuant to Rule 609. However, the Court cautions counsel against delving into

the underlying factual specifics of the Plaintiff’s prior convictions, which could increase the risk

of prejudice, confusion, and wasting time. The Court finds that criminal history that is not

admissible under Rule 609 should be precluded, as should disciplinary history from periods of

incarceration. The Court ORDERS that the Plaintiff’s first motion in limine be GRANTED in

part and DENIED in part, as set forth herein.

2. Second Motion

The Plaintiff next seeks to bar jail and prison kiosk messages post-dating the events in the

complaint. The Defendants argue that certain messages specifically discussing this lawsuit may

be relevant, and request that the Court hold the motion in abeyance.

The Court finds that messages post-dating the events in the complaint have little relevance

to the claims presented, pursuant to Federal Rule of Evidence 401, and ORDERS that the

Plaintiff’s second motion in limine be GRANTED.

3. Third Motion

The Plaintiff further seeks to bar reference to convictions, arrests, or bad acts of his

witnesses. He argues that the Defendants failed to disclose any such convictions during the

discovery process, arrests that did not result in conviction are inadmissible, and prior bad acts

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evidence would be irrelevant to the proposed testimony. The Defendants do not oppose this

motion. The Court therefore ORDERS that the Plaintiff’s third motion in limine be GRANTED

as unopposed.

4. Fourth Motion

The Plaintiff next seeks to bar speculative testimony about accommodations and medical

care that ‘would have been’ provided to the Plaintiff. He notes that witnesses who indicated that

they do not have specific recollections of his treatment at CRJ have offered testimony that they

would have taken certain steps if Mr. Taylor required certain care or exhibited certain symptoms.

Specifically, the Plaintiff indicates that Nurse Practitioner Tamara Kessel testified that she “would

have contacted an addiction specialist for Mr. Taylor if his medical needs required MOUD,”

though she had no recollection of interacting with Mr. Taylor during his January through March

2023 detention. (Pl.’s Mot. at 14) (Document 222.) The Plaintiff argues that this evidence would

be mere speculation.

The Defendants argue that their policies, procedures, and customs are at issue in this case,

and they therefore should be permitted to testify as to their ordinary practices. They further contend

that they should be permitted to lay a foundation pursuant to Rule 406 to admit habit evidence so

that Ms. Kessel can testify that she acted in accord with her practice.

The Defendants’ policies and practices are at issue in this case. The admissibility of

evidence regarding habit or routine practice to show that the person or organization acted in

accordance with the habit or practice pursuant to Rule 406 will depend on the foundation and

context of the proposed testimony. “Habit evidence…can also be established by a witness’s direct

testimony of his general practice.” Howard v. City of Durham, 68 F.4th 934, 951 (4th Cir. 2023).

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The Fourth Circuit explained that, presented with evidence of a witness’s general practice or

routine, a jury may infer that the witness acted in accordance with that practice—or that the witness

did not follow that practice on the occasion at issue, or that no such practice existed. Id. “[T]he

weight to give this competing testimony is a credibility issue that should be left to the jury.” Id.

at 951-52. In order to allow the Court to evaluate the contested testimony in context, the Court

ORDERS that the Plaintiff’s fourth motion in limine be HELD IN ABEYANCE.

5. Motion Five

The Plaintiff asks the Court to bar any argument that an inference should be drawn against

the Plaintiff because third parties are absent at trial, as any such witnesses are not within the

Plaintiff’s exclusive power to produce. The Defendants do not object to this motion. Therefore,

the Court ORDERS that the Plaintiff’s fifth motion in limine be GRANTED as unopposed.

6. Motion Six

The Plaintiff further seeks to bar any undisclosed witnesses. The Defendants do not object

to this motion. Therefore, the Court ORDERS that the Plaintiff’s sixth motion in limine be

GRANTED as unopposed.

7. Motion Seven

The Plaintiff next seeks to preclude undisclosed and improper Rule 26(a)(2)(C) expert

opinions. He asks the Court to prevent the Defendants from soliciting opinion testimony from

treating providers who have not been disclosed to offer expert opinions, to bar undisclosed

opinions from Tamara Kessel, and to bar improper opinion testimony from Dr. Michael Mitcheff.

They contend that Ms. Kessel should be permitted to testify as to opinions she reached during the

course of her treatment of Mr. Taylor, but not other expert opinions. In addition, they argue that

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Dr. Mitcheff should not be permitted to testify that the Plaintiff’s treatment was medically

appropriate or that he was not experiencing withdrawal from buprenorphine because he had no

involvement with the Plaintiff’s treatment during the relevant timeframe and did not provide a

Rule 26(a)(2)(B) report.

The Defendants indicate that they do not intend to offer expert opinions from non-disclosed

witnesses but reserve the right to do so if the Plaintiff opens the door. They argue that Ms.

Kessel’s proposed testimony is appropriate based on her knowledge, skill, experience, training,

and education, and the fact that she was a treating provider. They contend that the Plaintiff’s

motion does not sufficiently identify the opinions he seeks to exclude. They also argue that Dr.

Mitcheff is “qualified to testify as to the standard of care pertaining to the treatment of OUD in a

correctional setting and how this standard of care translates into Wexford’s guidelines” and can

“opine as to whether the treatment rendered to Plaintiff fell within Wexford’s guidelines.” (Defs.’

Resp. at 9.)

The Court finds that undisclosed expert testimony is properly excluded. It is not clear that

there is any dispute with regard to the permissible scope of Ms. Kessel’s testimony. The Court

notes that the Defendants did not present Dr. Mitcheff as an expert witness, and testimony outside

the scope of his role as a 30(b)(6) representative will be excluded. During his deposition, counsel

for the Defendants vehemently objected to questions outside the scope of the Rule 30(b)(6) notice.

When counsel for the Plaintiff asked, “Can withdrawal from MOUD be dangerous?” counsel for

Wexford objected and instructed him not to answer, stating “He’s…not an expert witness. He’s

here to testify on Wexford’s policies and procedures and the things that went into creating their

guideline. That is – that is a question for an expert witness, and I’m instructing him not to

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answer.” (Mitcheff Dep. at 84::9-18) (Document 195-3.) While the parties remain able to offer

objections as to the specific scope of testimony by treating providers and Dr. Mitcheff, the Court

ORDERS that the Plaintiff’s seventh motion in limine be GRANTED to the extent it seeks

exclusion of expert testimony that was not properly disclosed.

8. Motion Eight

In his eighth motion in limine, the Plaintiff seeks to bar reference to the fact that some of

his attorneys are from out of town. The Defendants indicate that they do not intend to suggest

that the Plaintiff or his attorneys should be viewed as outsiders but contend that the jury will need

to be informed of Kaplan & Grady’s office location for voir dire. The Court agrees that the office

location will need to be referenced in voir dire but is otherwise irrelevant and should not be

discussed. Therefore, the Court ORDERS that the Plaintiff’s eighth motion in limine be

GRANTED, without opposition, as set forth herein.

9. Motion Nine

The Plaintiff’s ninth motion in limine seeks to bar any appeal to the jurors’ interests as

taxpayers. The Defendants do not oppose this motion. Therefore, the Court ORDERS that the

Plaintiff’s ninth motion in limine be GRANTED as unopposed.

10. Motion Ten

The Plaintiff next requests that the Court bar the Defendants from referring to the Plaintiff

or other witnesses by labels other than their names, such as inmate, felon, addict, etc. The

Defendants do not oppose this motion. Therefore, the Court ORDERS that the Plaintiff’s tenth

motion in limine be GRANTED as unopposed.

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11. Motion Eleven

The Plaintiff’s eleventh motion in limine requests that evidence or argument about after-

acquired evidence unknown to medical providers at the time they treated Mr. Taylor be excluded.

He argues that the Defendants should not be permitted to present evidence or argument about pre-

incarceration lapses or non-conformances with his MOUD prescription or use of illicit substances

that were not known to providers during his January-March 2023 incarceration. Likewise, he

argues that evidence of the same from after the overdose he suffered in the few days following his

release should be excluded. He argues that there is no permissible use for evidence of his drug

use prior to December 2022 and after his March 2023 overdose.

The Defendants argue that the Plaintiff’s drug screen upon intake, in which he tested

positive for amphetamines, methamphetamines, and fentanyl, and did not test positive for

buprenorphine, together with his admission of use, placed staff on notice of his pre-incarceration

drug use. They further argue that his pre-incarceration relapse and non-compliance with his

MOUD prescription is relevant to his claim that failure to prescribe MOUD proximately caused

his post-incarceration relapse. The Defendants further argue that his pre- and post-incarceration

illegal drug use and nonconformity to his MOUD are admissible as evidence of comparative fault.

Evidence of the Plaintiff’s drug use and MOUD compliance that was not known to the

providers at the time they made any decisions regarding his treatment is not relevant to any claim

or defense and would be prejudicial and misleading to the jury pursuant to Rule 403. Facts that

providers were aware of, including his drug screen on intake, are admissible, however. The

Defendants’ argument regarding comparative fault is addressed in detail below. Following

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careful consideration, the Court ORDERS that the Plaintiff’s eleventh motion in limine be

GRANTED as set forth herein.

12. Motions Twelve and Thirteen

The Plaintiff next seeks to bar reference to the supplier of illicit substances to Mr. Taylor.

He argues that who provided him with any illicit substances is irrelevant to his claims and any

defense. He further seeks to preclude any arguments against the Defendants’ liability that are

contrary to law, including any argument by DCR that it is not liable because the actions at issue

were taken by Wexford employees, and any argument by Wexford based on proportional fault

concepts.

Defendant DCR argues that it should be permitted to argue and provide evidence that it

was not involved in the medical decision-making at issue, and “it will be up to the jury to decide

whether a co-defendant’s conduct is to be imputed to the WVDCR or if the WVDCR’s conduct

itself was discriminatory.” (Defs.’ Resp. at 14.) The Defendants further contend that they should

be permitted to present evidence and argument that the individual who provided him with heroin

proximately caused his relapse and alleged overdose. They argue that West Virginia’s statute

regarding non-party fault, W. Va. Code § 55-7-13d(a), is not limited to state-law claims.

The Court finds that W. Va. Code § 55-7-13d is not applicable to the federal claims

presented herein. See, Isner v. City of Elkins, No. 2:21-CV-27, 2022 WL 1750630, at *6 (N.D.W.

Va. May 31, 2022) (“the West Virginia Legislature cannot limit Plaintiff’s recovery under 42

U.S.C. § 1983, a federal statute”). Thus, non-party or comparative fault are not permissible

issues, and the identity of the person who supplied controlled substances to Mr. Taylor is irrelevant

to the claims and defenses. Therefore, the Court ORDERS that the Plaintiff’s twelfth motion in

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limine be GRANTED. As the Court discussed in more detail in ruling on the motions for

summary judgment, vicarious liability is available in ADA and RA claims. It is not clear precisely

what argument or evidence the Defendants might seek to introduce that the Plaintiff challenges as

contrary to law. The Court finds that it will be helpful to hear evidence or argument of that nature

in context, and therefore ORDERS that the Plaintiff’s thirteenth motion in limine be HELD IN

ABEYANCE.

13. Motion Fourteen

Finally, the Plaintiff asks the Court to permit him to appear at trial in non-prison attire and

without restraints. The Defendants oppose this motion, arguing that the Plaintiff is currently

serving a sentence following his felony conviction for receiving or transferring a stolen vehicle.

They argue that “there is no inherent need for Plaintiff to deceive or camouflage himself before a

jury” because his criminal case has been resolved. (Defs.’ Resp. at 18.) They further argue that

“his incarceration is the very essence of his claim against these Defendants,” and any reference to

him as ‘inmate’ or ‘prisoner’ is “inconsequential.” (Id.)

The Court finds nothing deceptive or misleading in permitting the Plaintiff to appear

without handcuffs and in street clothes or requiring that he be referred to by his name, like everyone

else in the courtroom. The Defendant has presented nothing suggesting that the Plaintiff poses a

threat or constitutes a flight risk, such that restraints would be necessary. Courts have long

recognized that visible shackles are prejudicial and violate due process, in the absence of “a special

need” during criminal trials. Deck v. Missouri, 544 U.S. 622, 626 (2005). In a civil trial where

the claims presented make the jury aware that the Plaintiff is a prisoner, handcuffs are not as

inherently prejudicial, though there remains a risk that the jury will interpret the handcuffs to

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indicate that the plaintiff is “dangerous and violent.” Alexander v. Parks, 834 F. App’x 778, 781

(4th Cir. 2020) (unpublished). Absent any special security considerations that may be brought to

the Court’s attention in the future, the Court ORDERS that the Plaintiff’s fourteenth motion in

limine be GRANTED, and that the Plaintiff be permitted to appear in non-prison attire, without

restraints, and that he be referred to by name. Counsel for the Plaintiff will need to make

arrangements with the United States Marshal Service to coordinate providing him with attire prior

to court each day.

In addition to the motions in limine, the Court has reviewed the Plaintiff's Motion for Leave

to File Consolidated Replies in Support of Plaintiff's Motions in Limine (Document 232), the

attached Plaintiff's Consolidated Replies in Support of His Motions in Limine (Document 232-1),

and the Defendants’ Response in Opposition to Plaintiff's Motion for Leave to File Consolidated

Replies in Support of Plaintiff's Motions in Limine (Document 235). The Plaintiff requested leave

to file replies in order to respond to new arguments and clarify his positions. The Defendants

argue that the Plaintiff did not demonstrate good cause to file replies, given that the Court’s

scheduling order provides that briefing on motions in limine typically ends with responses. The

Court finds that replies to the motions in limine are not warranted. Therefore, the Court

ORDERS that the Plaintiff's Motion (Document 232) be DENIED.

The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and to

any unrepresented party.

ENTER: June 21, 2024

Dike CO. Seageh/

UNITED STATES DISTRICT JUDGE

SOUTER DISTRICT OF WEST VIRGINIA

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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