Opinion

Giuli v. Youngblood

Court
District Court, M.D. Pennsylvania
Filed
Jan 8, 2026
Cited by
0 cases
Authority
More cited than 38.1%

The opinion

THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

CARL GIULI,

Plaintiff, 3:23-CV-1785

: (JUDGE MARIANI)

v.

JOSEPH MONTAGNA, et al.

Defendants. :

MEMORANDUM OPINION

|. INTRODUCTION

Defendants’ Motion to Exclude Plaintiff's Use of Force Expert (Doc. 23) is pending

before the Court. With the Motion, Defendants seek to preclude Thomas Shea, Plaintiff's

proffered use of force expert, on several grounds. In their Motion, Defendants state that Dr.

Shea’s expert report is not appropriately considered by the jury on several grounds: 1) he

was a municipal officer rather than a state police trooper as are Defendants in this case (id.

{ 5); 2) he uses “amorphous methodologies with no reliability” (/d.); 3) he “invades the

province of the jury by declaring that excessive force was used and the testimony of the

troopers is not credible” (id.); and 4) his opinions about trooper training are not supported

(id.).

The Court held a Daubert Hearing on the admissibility of Plaintiffs use of force

expert on December 4, 2025. (See Doc. 55.) Defendants have now filed their supplemental

brief in support of the Motion to Exclude Plaintiffs Use of Force Expert (Doc. 23). (Doc. 56.)

Defendants now assert that

Plaintiff should be precluded from calling Thomas Shea as an “expert” for

numerous reasons, including because: his report contains inaccuracies and

factual errors that cast serious doubt on the reliability of his opinion; his

testimony will not resolve a factual dispute; he bases his opinion on

inappropriate credibility determinations, and; he seeks to provide an opinion on

the ultimate conclusion of reasonableness. Plaintiffs attempts to offer his

opinion in particularized categories also fail.

(Doc. 56 at 1.)

In deciding the pending Motion, the Court focuses on Defendants’ post-hearing

arguments. Having considered the parties arguments on the Daubert issue raised in their

briefs and at the December 4, 2025, Daubert Hearing, the Court concludes that Dr. Shea is

qualified to testify but his testimony will be limited in accordance with this Memorandum

Opinion.

ll. BACKGROUND

The Court assumes the parties’ familiarity with the facts and will only recount the

facts relevant to the instant motion in limine. Defendants are Pennsylvania State Police

Troopers accused of using excessive force when they served a 302 warrant on Plaintiff

based on his wife's reports that Plaintiff was experiencing a mental health crisis.

(Complaint, Doc. 1-2.) While serving the warrant, an altercation occurred in Plaintiffs house

involving Plaintiff and Pennsylvania State Police Troopers Joseph Montagna and

Christopher Teetsel. Plaintiff sustained injuries in the course of the altercation which he

alleges are due to the use of excessive force by Troopers Montagna and Teetsel. Details

regarding what transpired at Plaintiffs house are in dispute.

Ill. STANDARD OF REVIEW

In a motion in limine, the court “rule[s] in advance of trial on the admissibility and

relevance of certain forecasted evidence.” United States v. Tartaglione, 228 F. Supp. 3d

402, 406 (E.D. Pa. 2017). A court may exercise its discretion to rule in limine on evidentiary

issues “in appropriate cases.” In re Japanese Elec. Prods. Antitrust Litig., 723 F.2d 238, 260

(3d Cir. 1983), rev'd on other grounds sub nom. Matsushita Elec. Indus. Co. v. Zenith Radio

Corp., 475 U.S. 574 (1986). Nevertheless, a “trial court should exclude evidence on a

motion in limine only when the evidence is clearly inadmissible on all potential grounds.”

Tartaglione, 228 F. Supp. 3d at 406. “[l]n limine rulings are not binding on the trial judge,

and the judge may always change his mind during the course of a trial.” Ohler v. United

States, 529 U.S. 753, 758 n.3 (2000).

Further, while motions in limine may serve as a useful pretrial tool that enables more

in-depth briefing than would be available at trial, a court may defer ruling on such motions “if

the context of trial would provide clarity.” Frintner v. TruePosition, 892 F. Supp. 2d 699, 707

(E.D. Pa. 2012). Indeed, “motions in limine often present issues for which final decision is

best reserved for a specific trial situation.” Walden v. Georgia-Pacific Corp., 126 F.3d 506,

518 n.10 (3d Cir. 1997). Thus, certain motions, “especially ones that encompass broad

classes of evidence, should generally be deferred until trial to allow for the resolution of

questions of foundation, relevancy, and potential prejudice in proper context.” Leonard v.

Stemtech Health Scis., Inc., 981 F. Supp. 2d 273, 276 (D. Del. 2013). Moreover, “pretrial

Rule 403 exclusions should rarely be granted ... [A] court cannot fairly ascertain the

potential relevance of evidence for Rule 403 purposes until it has a full record relevant to

the putatively objectionable evidence.” /n re Paoli R.R. Yard PCB Litig., 916 F.2d 829, 859

(3d Cir. 1990) (emphasis in original).

IV. ANALYSIS

As set out above, Defendants now contend that Plaintiffs Use of Force Law

Enforcement expert’s opinion should be precluded because

his report contains inaccuracies and factual errors that cast serious doubt on

the reliability of his opinion; his testimony will not resolve a factual dispute; he

bases his opinion on inappropriate credibility determinations, and; he seeks to

provide an opinion on the ultimate conclusion of reasonableness. Plaintiffs

attempts to offer his opinion in particularized categories also fail.

(Doc. 56 at 1.)

Federal Rule of Evidence 702, governs the admissibility of expert witnesses.

A witness who is qualified as an expert by knowledge, skill, experience,

training, or education may testify in the form of an opinion or otherwise if the

proponent demonstrates to the court that it is more likely than not that:

(a) the expert's scientific, technical, or other specialized knowledge will help the trier

of fact to understand the evidence or to determine a fact in issue;

(b) the testimony is based on sufficient facts or data;

(c) the testimony is the product of reliable principles and methods; and

(d) the expert's opinion reflects a reliable appiication of the principles and

methods to the facts of the case.

Fed. R. Evid. 702.

The Court of Appeals for the Third Circuit has explained that

Rule 702 embodies a trilogy of restrictions on expert testimony: qualification,

reliability and fit. [In re Paoli R.R. Yard PCB Litigation, 35 F.3d 717, 741-743

(3d Cir. 1994) (“Paoli I”)] (citing Daubert v. Merrell Dow Pharmaceuticals, Inc.,

509 U.S. 579, (1993)). Qualification refers to the requirement that the witness

possess specialized expertise. We have interpreted this requirement liberally,

holding that “a broad range of knowledge, skills, and training qualify an

expert.” /d. Secondly, the testimony must be reliable; it “must be based on the

‘methods and procedures of science’ rather than on ‘subjective belief or

unsupported speculation’; the expert must have ‘good grounds’ for his on her

belief. In sum, Daubert holds that an inquiry into the reliability of scientific

evidence under Rule 702 requires a determination as to its scientific

validity.” Paoli I, 35 F.3d at 742 (quoting Daubert, 509 U.S. at 590, 113 S.Ct.

2786). Finally, Rule 702 requires that the expert testimony must fit the issues:

in the case. In other words, the expert's testimony must be relevant for the

purposes of the case and must assist the trier of fact. The Supreme Court

explained in Daubert that “Rule 702’s ‘helpfulness’ standard requires a valid

scientific connection to the pertinent inquiry as a precondition to

admissibility.” 509 U.S. at 591-92.

By means of a so-called “Daubert hearing,” the district court acts as

agatekeeper, preventing opinion testimony that does not meet the

requirements of qualification, reliability and fit from reaching the

jury. See Daubert, 509 U.S. at 592, 113 S.Ct. 2786 (“Faced with a proffer of

expert scientific testimony, then, the trial judge must determine at the outset,

pursuant to Rule 104(a) [of the Federal Rules of Evidence] whether the exert

is proposing to testify to (1) scientific knowledge that (2) will assist the trier of

fact to understand or determine a fact in issue.”).

Schneider ex rel. Estate of Schneider v. Fried, 320 F.3d 396, 404-05 (3d Cir. 2003).

A. Reliability

Defendants first assert that Dr. Shea’s report contains inaccuracies and factual

errors that cast serious doubt on the reliability of his opinion. (Doc. 56 at 3.)

Daubert's reliability analysis requires a Court to consider, among other things:

(1) whether a method consists of a testable hypothesis; (2) whether the

method has been subjected to peer review; (3) the known or potential rate of

error; (4) the existence and maintenance of standards controlling the

technique's operation; (5) whether the method is generally accepted; (6) the

relationship of the technique to methods which have been established to be

reliable; (7) the qualifications of the expert witness testifying based on the

methodology; and (8) the non-judicial uses to which the methods have been

put.

In re Paoli, 35 F.3d at 742 n.8. However, Daubert did not set out a definitive checklist or

test, and no single factor was deemed dispositive. Daubert, 509 U.S. at 593. The inquiry's

“overarching subject is the scientific validity and thus the evidentiary relevance and reliability

- of the principles that underlie a proposed submission.” /d. at 594-595. “The focus, of

course, must be solely on principles and methodology, not on the conclusions that they

generate.” /d.

“[T]he reliability analysis applies to all aspects of an expert's testimony: the

methodology, the facts underlying the expert's opinion, [and] the link between the facts and

the conclusion.” ZF Meritor, LLC v. Eaton Corp., 696 F.3d 254, 291 (3d Cir. 2012) (quoting

Heller v. Shaw Indus., Inc., 167 F.3d 146, 155 (3d Cir. 1999)). The expert's testimony must

also “fit, in that it must assist the trier of fact.” Oddi v. Ford Motor Co., 234 F.3d 136, 145

(3d Cir. 2000) (quoting /n re Paoli, 35 F.3d at 744). The Daubert standard “is not intended

to be a high one, nor is it to be applied in a manner that requires the plaintiffs ‘to prove their

case twice—they do not have to demonstrate to the judge by a preponderance of the

evidence that the assessments of their experts are correct, they only have to demonstrate

by a preponderance of evidence that their opinions are reliable.” /d. (quoting /n re Paoli, 35

F.3d at 74).

In a case where the plaintiff offered an expert in “law enforcement practices,” the

court noted pertinent considerations on the issue of reliability:

In cases like this one “where an expert is proffered to testify regarding non-

scientific matters, ‘[t]he relevant reliability concerns [will] focus upon personal

knowledge [and] experience’ of the witness and the methodology used will be

applying that experience to the facts of the case.” See Jackson v. City of

Pittsburgh, No. 07-111, 2010 WL 3222137, at *9 (W.D. Pa. Aug. 13, 2010)

(quoting Roberson v. City of Philadelphia, No. 99-3574, 2001 WL 210294, at

*5 n.10 (E.D. Pa. Mar. 1, 2001) (internal quotation omitted)); see also Fed. R.

Evid. 702, Advisory Comm. Notes, 2000 Amd. (stating that “when a law

enforcement agent testifies regarding the use of code words in a drug

transaction, the principle used by the agent is that participants in such

transactions regularly use code words to conceal the nature of their activities.

The method used by the agent is the application of extensive experience to

analyze the meaning of conversations.”). Accordingly, when testimony is

proffered regarding non-scientific matters, the expert's qualifications and

experience set the boundaries for his or her _ testimony.

Ezeibe v. Chivers, Civ. A. No. 1:19-CV-00189, 2022 WL 882732, at *4 (M.D. Pa. Mar. 24,

2022).

Defendants maintain that Dr. Shea’s reliability is doubtful on several specific

grounds:

Shea did not use the New Jersey Law Enforcement Handbook in making his

determinations despite his report saying that he did. Daubert Hearing

Transcript at 29:2-12. Shea's report also lists that he used five publications but

then only lists four. /d. at 30:11-21. Critically, Shea’s report states that it was

Defendant Montagna who pushed Plaintiff Giuli up against the refrigerator in

the course of this incident; there is no allegation of this in the record,' and Shea

offered inconsistent explanations for why this factual averment appears in his

report. Id. at 38:20-25, 39:1-22.2 Shea also stated that he credited Plaintiff

Giuli’s version of events as credible in offering his opinion while simultaneously

stating that he didn’t take anything Plaintiff said into account. Id. at 40:25, 41:1-

5. Simply put, this “rush job,” [Daubert Hearing Transcript at 30:20] to use

Shea’s words, led to a report that does not accurately consider the facts of the

case and has enough errors that it is impossible to conclude his opinions could

flow from the facts or any of the publications on which Shea bases his opinions.

(Doc. 56 at 3-4.)

The Court acknowledges that Dr. Shea’s report is problematic for multiple reasons,

including those cited. However, focusing on Dr. Shea’s knowledge and experience

summarized at the Daubert Hearing (Daubert Hr'g Tr. 5:18-14:2 (Doc. 55)) and set out in his

Curriculum Vitae (Doc. 28-1), the Court finds that Dr. Shea has a breadth of knowledge and

experience in police practices and use of force which render him qualified to testify as an

expert. See, e.g., Ezeibe, 2022 WL 882732, at*4. The inconsistencies found in his report

'In a footnote, Defendants add: “In fact, Plaintiff's guilty plea on his related criminal case indicates

the opposite.” (Doc. 56 at 4 n.1.)

2 Defendants provide the following additional information on this issue in a footnote:

Shea initially seemed to indicate that he surmised this by the nature of the incident as

“mutual combat.” [Daubert Hearing Transcript] at 39:4-7. When explicitly asked where in the

record this was established, Shea said he did not know and then said that one of the

defendants stated that Plaintiff's leg had caught under the refrigerator. /d. at 39:8-16. When

asked if that is why he believed it was Defendant Montagna who pinned Plaintiff Giuli rather

than the reverse, Shea said “I don’t know.” /d. at 39:19-20.

(Doc. 56 at 4 n.2.)

and other matters that relate to the reliability of his opinions are properly the subject of

cross-examination to the extent he is allowed to testify on those matters at trial.

B. Credibility Determinations

Defendants next argue that Dr. Shea’s opinions regarding credibility are

inappropriate. (Doc. 56 at 4-5 (citing Timko v. Traugh, Civ. A. No. 4:22-CV-1195, 2024 WL

4351458, at “5 (M.D. Pa. 2024)).)

As a general matter, “[t]he jury has the exclusive function of appraising credibility,

determining the weight to be given to the testimony, drawing inferences from the facts

established, resolving conflicts in evidence, and reaching ultimate conclusions of fact.””

Betz v. Temple Health Sys., 659 F. App’x 137, 140-41 (3d Cir. 2016) (emphasis added)

(quoting Garrison v. Baker Hughes Oilfield Operations, Inc., 287 F.3d 955, 959 (10th Cir.

2002) (internal quotation marks omitted)). Therefore, “pursuant to Rule 702, it is generally

inappropriate for an expert witness to offer an opinion on the credibility of fact witnesses.”

Timko, 2024 WL 4351458, at *3 (M.D. Pa. Sept. 30, 2024) (citing Withrow v. Spears, 967 F.

Supp. 2d 982, 998-99 (D. Del. 2013); Sufer v. Gen. Accident Ins. Co. of Am., 424 F. Supp.

2d 781, 793 (D.N.J. 2006): Hill v. NSB Niederelbe Schiffahrtsges.MBH & Co., Civ. A. No.

02-2713, 2004 WL 569908, at *1 (E.D. Pa. Mar. 5, 2004); Griggs v. BIC Corp., 844 F.

Supp. 190, 201 (M.D. Pa. 1994), affd 37 F.3d 1486 (3d Cir.1994)).

The Court agrees with Defendants that “the case presented to the Court is one of

credibility—ultimately the jury will have to determine if Defendants maliciously assaulted

Plaintiff or if they used appropriate force after he attacked them.” (Doc. 56 at 4.)

Regarding the different versions of events offered by Plaintiff and Defendants, Dr. Shea

confirmed at the Daubert Hearing that the parties’ “stories differ in some aspects” and that

he “intend[ed] to offer an opinion to the jury as to who they should believe or find credible.”

(Daubert Hr’g Tr. 21:5-11.) Dr. Shea also acknowledged that he made other credibility

determinations in the course of his report, including those related to the cause of Plaintiffs

injuries, and he believed that was “a typical purview of a use of force expert.” (/d. 39:23-

42:11.)

Pursuant to the caselaw set out above, Dr. Shea is precluded from offering any

opinions on credibility at trial. Plaintiffs’ counsel is cautioned that the Court’s preclusion of

testimony regarding the credibility of another witness will be strictly enforced.

C. Specific Opinions

Defendants’ final argument is that the specific opinions Plaintiffs counsel identified at

the Daubert Hearing as those which Plaintiff intends to introduce at trial should be excluded

as unreliable. (Doc. 56 at 5.) Plaintiff's counsel stated that he intended to elicit several

Opinions from Dr. Shea at trial:

whether the actions of the defendants complied with your education, training,

and experience in the use of force, complied with . . . prevailing national

standards in the field of use of force, complied with the Pennsylvania Mental

Health Procedures Act, complied with Pennsylvania State Police policy,

10

sufficiently deescalated the situation or attempted to de-escalate the situation;

and then, finally, the last opinion would be, based on your training and

experience, was it reasonable and necessary, with no mention of the word,

excessive, no mention of the case law, no mention of the factors.

(Daubert Hr'g Tr. 56:25-57:10.)

The Court agrees that many of the opinions which Plaintiff proposes to elicit at trial

do not satisfy Daubert requirements or are contrary to Third Circuit caselaw. First, the Court

finds that several of the proposed opinions do not satisfy Daubert’s “reliability” and “fit”

requirements.

1. Compliance with Non-Relevant Standards

Defendants assert that Plaintiff seeks to admit Dr. Shea’s opinion regarding

Defendants’ compliance with non-relevant standards. (Doc. 56 at 6.) The Court finds that

Plaintiff has not shown that “prevailing national standards in the use of force” are relevant in

this case or that the specifically identified President’s Task Force on 21st Century Policing

Final Report and Law Enforcement Best Practices: Lessons from the Field are relevant.

(Daubert Hr’g Tr. 31:1-8, 57:2-3.)

In Wood v. Showers, Civ. A. No. 4:16-CV-1923, 2019 WL 5847836 (M.D. Pa. Aug. 6,

2019), the court found that “the international model for law enforcement’s model use of force

does not fit the jury’s need to know the PSP [Pennsylvania State Police] policy on the use of

force.” Id. at*2. On appeal, a panel of the Circuit Court found that the expert's report did

not establish the reliability of the policies promulgated by the International Association of

Chiefs of Police or the National Institute of Justice because the report “did not describe

11

those organizations, the process by which they developed their standards, or the general

acceptance of those standards.” Wood v. Showers, 822 F. App’x 122, 124-25 (3d Cir.

2020).

The same is true in this case regarding Dr. Shea's reliance on The President's Task

Force on 21st Policing Final Report and Law Enforcement Best Practices: Lessons from the

Field. (See Doc. 28-2 at 5-6.) Therefore, Dr. Shea is precluded from relying on these

publications and testifying about standards promulgated therein, i.e., the goal of “avoidfing]

the use of force if at all possible, even when it is allowed by law and policy” identified in

The President's Task Force on 21st Century Policing and the “principles of de-escalation”

identified in Law Enforcement Best Practices, (Doc. 28-1 at 6 (emphasis in Shea Report).)

Similarly, Dr. Shea is precluded from testifying about Plaintiff's generically identified intent to

elicit an opinion on “prevailing national standards in the field of use of force.” (Daubert Hr'g

Tr. 57:2-3.)

2. Pennsylvania Mental Health Procedures Act

Plaintiff's intent to elicit an opinion regarding compliance with the Pennsylvania

Mental Health Procedures Act (“Act”) is problematic under “fit” considerations pursuant to

Daubert. As set out above,

Rule 702 requires that the expert testimony must fit the issues in the case. In

other words, the expert's testimony must be relevant for the purposes of the

case and must assist the trier of fact. The Supreme Court explained

in Daubert that “Rule 702’s ‘helpfulness’ standard requires a valid scientific

connection to the pertinent inquiry as a precondition to admissibility.” 509 U.S.

at 591-92.

12

Schneider, 320 F.3d at 404. Although Plaintiff was being served a “302 warrant” — meaning

a warrant pursuant to section 302 of the Pennsylvania Mental Health Procedures Act --

Plaintiff has not shown the relevance of the Pennsylvania Mental Health Procedures Act to

the charge against the Pennsylvania State Troopers executing the warrant and has not

shown how testimony about provisions in the Act would assist the trier of fact as required

under Daubert. Dr. Shea's testimony about the Act at the Daubert Hearing made no direct

connection between the Act and the facts of this case, opining generally that “what he took”

from the Act is that “you have to take extra, extra precautions to communicate more

thoroughly. You have to be more patient than you normally would during a call because lots

of people going through these crisis events aren't aware . . . of their actions and decisions.”

(Daubert Hr'g Tr. 26:7-24.) This is not a State Police policy, it is not presented as a policy

statement found in the Act or one that is applicable to officers issuing a 302 warrant.

Therefore, the Court finds that reference to the Act is properly precluded based on

relevance and fit grounds.

3. Compliance with Pennsylvania State Police Policy

Defendants next take issue with Plaintiffs proposed opinion as to whether

Defendants were compliant with Pennsylvania State Police policy. (Doc. 56 at 9.)

Defendants specifically assert that Dr. Shea “should be prevented from testifying as to

whether or not Defendants complied with the PSP policy, as he has not established his

opinion is any more reliable than a lay witness simply reading the Pennsylvania State Police

13

policies and opining on whether or not they were followed in this case.” (/d.) As set out

above, the Court finds that Dr. Shea has a breadth of knowledge and experience in police

practices and use of force which render him qualified to testify as an expert as limited

herein. See supra p. 8. Further, Pennsylvania State Police policies are relevant for

purposes of this case and an expert’s review of pertinent policies will assist the trier of fact.

Schneider, 320 F.3d at 404.

4. Compliance with De-escalation Policy

Defendants relatedly contend that it does not appear that Dr. Shea based his opinion

regarding de-escalation on Pennsylvania State Police policy; “rather he based his opinion

on ‘Law Enforcement Best Practices: Lessons from the Field . . . [and] only on Plaintiffs

version of events as he made a credibility determination regarding the Defendants’

narrative.” (Doc. 56 at 9-10.) For the reasons discussed above, an opinion based on Law

Enforcement Best Practices is precluded and an opinion based on a credibility

determination is also precluded. See supra pp. 9-10, 12.

5. Use of Excessive Force Language

Finally, Defendants object to the Plaintiff's intention to elicit Dr. Shea’s opinion on

whether the force used was “reasonable and necessary, with no mention of the word,

excessive, no mention of the case law, no mention of factors.” (Doc. 56 at 9; Daubert Hr’g

Tr. 57:6-10.) The Court concludes that Dr. Shea is appropriately precluded from use of the

words “reasonable” or “unreasonable” in rendering his opinion regarding excessive force.

14

As stated in Berckeley Inv. Grp., Ltd. v. Colkitt, 455 F.3d 195, 217-18 (3d Cir. 2006),

The District Court has discretion to determine whether expert testimony will

help the trier of fact. United States v. Agnes, 753 F.2d 293, 303 (3d Cir.1985),

abrogated on other grounds by Smith v. Borough of Wilkinsburg, 147 F.3d 272

(3d Cir.1998). In utilizing that discretion, however, the District Court must

ensure that an expert does not testify as to the governing law of the case.

Although Federal Rule of Evidence 704 permits an expert witness to give expert

testimony that “embraces an ultimate issue to be decided by the trier of fact,”

an expert witness is prohibited from rendering a legal opinion. United States v.

Leo, 941 F.2d 181, 195-96 (3d Cir.1991). Such testimony is prohibited because

it would usurp the District Court's pivotal role in explaining the law to the jury.

First National State Bank v. Reliance Elec. Co., 668 F.2d 725, 731 (3d

Cir.1981) (per curiam).

Notwithstanding this admonition, the line between admissible and

inadmissible expert testimony as to the customs and practices of a particular

industry often becomes blurred when the testimony concerns a party's

compliance with customs and practices that implicate legal duties.

Berckeley Inv. Grp., Ltd., 455 F.3d at 217-18. This principle was considered in the context

of an expert's opinion on excessive force in Patrick v. Moorman, 536 F. App'x 255, 258 (3d

Cir. 2013):

The boundaries of Rule 704 are often hazy, so our Circuit has established that

expert testimony becomes impermissible if the expert's opinion would interfere

with the district court's “pivotal role in explaining the law to the jury”. Berckeley,

455 F.3d at 217. In his testimony, Baranowski [the expert witness] essentially

opined that Deputy Moorman's actions were unreasonable and about what a

reasonable officer would have done. In a § 1983 suit, “reasonableness” is

practically interchangeable with “excessiveness”, so Baranowski might as well

have opined that Deputy Moorman's use of force was excessive.

Accordingly, in navigating this hazy Rule 704 line, the District Court did

not abuse its discretion in excluding those parts of Baranowski's testimony

which opined on the reasonableness of Deputy Moorman's actions.

Patrick, 536 F. App'x at 258.

15

“(All claims that law enforcement officers have used excessive force ... in the course

of an arrest, investigatory stop, or other ‘seizure’ of a free citizen should be analyzed under

the Fourth Amendment and its ‘reasonableness’ standard... Graham v. Connor, 490

U.S. 386, 395 (1989). This Fourth Amendment “reasonableness’ inquiry in an excessive

force case is an objective one: the question is whether the officers’ actions are ‘objectively

reasonable’ in light of the facts and circumstances confronting them, without regard to their

underlying intent or motivation.” /d. at 397. The Third Circuit's Model Civil Jury Instruction

regarding Section 1983 Excessive Force repeatedly uses the words “reasonable” and

“unreasonable”:

In determining whether [defendant's] acts constituted excessive force, you

must ask whether the amount of force [defendant] used was the amount which

a reasonable officer would have used in [making the arrest] [conducting the

stop] under similar circumstances. . . . The reasonableness of [defendant's]

acts must be judged from the perspective of a reasonable officer on the scene.

The law permits the officer to use only that degree of force necessary to [make

the arrest] [conduct the stop]... . If the force [defendant] used was

unreasonable, it does not matter whether [defendant] had good motivations.

And an officer's improper motive will not establish excessive force if the force

used was objectively reasonable. What matters is whether [defendant's] acts

were objectively reasonabie in light of the facts and circumstances confronting

the defendant.

3d Cir. Model Civil Jury Instruction 4 (emphasis added).

The foregoing jury charge shows that the concept of reasonableness is central to the

Court's explanation of the relevant law on excessive force to the jury in this case.

Therefore, testimony by Dr. Shea regarding reasonableness “would usurp the District

Court's pivotal role in explaining the law to the jury.” Berckeley, 455 F.3d at 217.

16

Therefore, as approved in Patrick, 536 F. App'x at 258, the Court will preclude Dr. Shea

from testifying on the reasonableness of Defendants’ actions regarding the use of force.

V. CONCLUSION

For the foregoing reasons, Defendants’ Motion to Exclude Plaintiffs Use of Force

Expert (Doc. 23) is granted in part and denied in part. Defendants’ Motion is denied insofar

as Defendants seek to exclude Dr. Shea’s testimony in this case in its entirety. (See Doc.

23 at 3.) The Motion is granted to the extent that Dr. Shea is preciuded from offering

testimony as set out in the body of this Memorandum Opinion. See supra pp. 9-17.3 A

separate Order is entered.

A WF

td “4

Robert D. Mariani—

United States District Judge

3 Dr. Shea may not offer any opinions on credibility. See supra pp. 9-10. Dr. Shea may not rely on,

or testify about standards set out in, The President’s Task Force on 21st Century Policing, Law

Enforcement Best Practices: Lessons from the Field, or “prevailing national standards in the field of use of

force.” See supra pp. 11-12. Dr. Shea is precluded from referencing the Pennsylvania Mental Health

Procedures Act. See supra pp. 12-13. Dr. Shea may not testify on the reasonableness of Defendants’

actions regarding the use of force.

17

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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