Opinion

ALBERT E. MARTINEZ v. JASON BERFIELD, et al.

Court
District Court, M.D. Pennsylvania
Filed
Jul 6, 2026
Cited by
0 cases
Authority
More cited than 41.6%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF PENNSYLVANIA

ALBERT E. MARTINEZ, :

Plaintiff : CIV. ACTION NO. 1:20-CV-1759

v. : (JUDGE MANNION)

JASON BERFIELD, et al., :

Defendants :

MEMORANDUM

This is a prisoner civil rights case that is scheduled for a jury trial on

July 20, 2026. Before the court are two motions in limine filed by defendants.

For the reason that follow, the first motion will be granted in part and denied

without prejudice in part, and the second motion will be denied without

prejudice.

I. BACKGROUND

Plaintiff, Albert E. Martinez, was incarcerated in Camp Hill State

Correctional Institution (“SCI-Camp Hill”) at all relevant times. He filed this

case on September 25, 2020, alleging violations of his First, Fourth, Eighth,

and Fourteenth Amendment rights during and after a five-day period when

he was placed in a “dry cell” based on suspicions that he was in possession

of contraband.1 (Doc. 1). The case was initially assigned to United States

District Judge Christopher C. Conner.

On September 26, 2024, Judge Conner granted defendants’ motion for

summary judgment as to all claims and defendants except for Martinez’s

Eighth Amendment claim against defendants Berfield and Evans, holding

that there were genuine issues of material fact on both whether Martinez

exhausted administrative remedies for the claim and the merits of the claim.

(Docs. 103-04). The case was reassigned to the undersigned on January 21,

2025, following Judge Conner’s retirement from the court.

This court conducted an evidentiary hearing to determine whether

plaintiff exhausted administrative remedies in April 2025. After receiving

supplemental briefing from the parties, the court ruled in Martinez’s favor on

the issue of exhaustion and scheduled the case for trial. (Docs. 130-31). The

trial is scheduled to begin on July 20, 2026. (Doc. 134).

1 “A ‘dry cell’ is a cell that lacks water—all standing water has been

drained from the toilet, the room’s water supply has been shut off, and the

sink and toilet have been capped to prevent inmate access. An inmate may

be placed in a dry cell when prison staff have observed the inmate attempt

to ingest an item of contraband or they learn that the inmate is attempting to

introduce contraband into the prison. Dry cells are used to closely observe

the inmate until natural processes allow for the ingested contraband to be

retrieved.” Thomas v. Tice, 948 F.3d 133, 137 (3d Cir. 2020).

Defendants filed the instant motions in limine on June 22, 2026. (Docs.

147, 149). Defendants’ first motion seeks to preclude Martinez from

introducing causation evidence during trial. (Docs. 147-48). Defendants’

second motion seeks to preclude testimony and evidence related to claims

that have been dismissed from the case. (Docs. 149-50). Martinez has not

responded to either motion, and the motions are accordingly ripe for the

court’s consideration.

II. STANDARD OF REVIEW

A motion in limine seeks a pretrial ruling on the admissibility of

evidence in order to narrow the evidentiary issues during trial and prevent

the jury from seeing improper evidence. Onderko v. LM Gen. Ins. Co., 567

F. Supp. 3d 495, 499 (M.D. Pa. 2021). Evidence is generally admissible if it

is relevant, meaning “(a) it has any tendency to make a fact more or less

probable than it would be without the evidence; and (b) the fact is of

consequence in determining the action.” Fed. R. Evid. 401. Evidence may

be precluded from trial if its “probative value is substantially outweighed by

a danger of one or more of the following: unfair prejudice, confusing the

issues, misleading the jury, undue delay, wasting time, or needlessly

presenting cumulative evidence.” Fed. R. Evid. 403. “Excluding evidence as

being more prejudicial than probative at the pretrial stage is an extreme

measure that is rarely necessary, because no harm is done by admitting it at

that stage.” In re Paoli R. Yard PCB Litig., 916 F.2d 829, 859 (3d Cir. 1990).

III. DISCUSSION

Defendants’ first motion in limine seeks to preclude from trial any

testimony that diagnosed injuries or physical or mental conditions were

caused by defendants’ actions. (Doc. 148 at 4). Defendants argue that expert

testimony would be necessary to establish such a causal connection, and

note that plaintiff has not produced an expert report or otherwise indicated

an intention to produce expert testimony during the trial. (Id.)

The court will grant this motion in part and deny it in part. A lay witness

may only offer opinion testimony if it is “(a) rationally based on the witness’s

perception; (b) helpful to clearly understanding the witness’s testimony or to

determining a fact in issue; and (c) not based on scientific, technical, or other

specialized knowledge within the scope of Rule 702. Fed. R. Evid. 701.

Opinion testimony based on the witness’s scientific, technical, or other

specialized knowledge may only be given if the witness has been qualified

as an expert witness under Federal Rule of Evidence 702.

Here, Martinez cannot testify that any formal medical diagnoses were

caused by defendants’ actions, because such testimony would require

expert testimony. To the extent, however, that Martinez testifies about his

injuries in a manner that is rationally based on his own perception of his

physical condition at the relevant time, such testimony is admissible.2 See,

e.g., In re Bayside Prison Litig., 341 F. App’x 790, 793 (3d Cir. 2009) (holding

that prisoner plaintiff could testify to his own perception of injuries he suffered

as a result of alleged assault); Hall v. Berdanier, No. 1:09-CV-1016, 2013

WL 818603, at *3 (M.D. Pa. Mar. 5, 2013) (same). The court will accordingly

grant this motion in part and deny it in part.

Defendants’ second motion seeks to preclude from trial any evidence

or testimony related to dismissed claims. The court will defer ruling on this

motion until trial. The court simply cannot determine whether admission of

evidence related to dismissed claims is proper until one of the parties has

attempted to introduce the evidence and the court can address any questions

of foundation, relevance, and potential prejudice on a developed trial record.

See Paoli, 916 F.2d at 859 (“[P]retrial 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.” (internal emphasis omitted)).

2 Defendants acknowledge that this form of lay opinion testimony

would be admissible. (Doc. 148 at 4 (“[I]t is not disputed that Plaintiff may

testify to the conditions of his body as he perceived them. . .”).

IV. CONCLUSION

For the foregoing reasons, defendants’ first motion in limine is granted

in part and denied in part, and defendants’ second motion in limine is denied

without prejudice. An appropriate order follows.

s/ Malachy E. Mannion

Malachy E. Mannion

United States District Judge

Dated: July 6, 2026

20-1759-02

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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