Nagle et al v. Gusman et al, No. 2:2012cv01910 - Document 316 (E.D. La. 2016)

Court Description: ORDER AND REASONS denying 309 SheriffGusman's motion to exclude evidence of William Goetzee's military background.. Signed by Judge Sarah S. Vance on 3/1/16. (jjs)

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Nagle et al v. Gusman et al Doc. 316 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA MARGARET GOETZEE NAGLE and J OHN ERIC GOETZEE CIVIL ACTION VERSUS NO. 12-1910 SHERIFF MARLIN GUSMAN, ET AL. SECTION "R" (2) ORD ER AN D REASON S Defendant Sheriff Marlin Gusm an m oves the Court to exclude evidence regarding decedent William Goetzee’s m ilitary background because, according to Sheriff Gusman, this evidence is irrelevant to any issues at trial. 1 As Sheriff Gusm an adm its, Goetzee was a Com m ander of the United States Coast Guard Reserves and a civilian employee of the Coast Guard. The Court finds that this evidence is relevant to certain issues in this case beyond Goetzee’s character—for example, the appropriate measure of any potential dam age award. In addition, Goetzee’s m ilitary career is not substantially outweighed by unfair prejudice, as Sheriff Gusm an’s suggests. See, e.g., Doty v. Sew all, 90 8 F.2d 10 53 (1st Cir. 1990 ) (finding m ilitary service was not “purely em otional” and therefore not unfairly prejudicial because it directly pertained to issues in the case). 1 Therefore, the Court DENIES Sheriff R. Doc. 30 9. Dockets.Justia.com Gusm an’s m otion to exclude evidence of William Goetzee’s m ilitary background. New Orleans, Louisiana, this _1st_ day of March, 20 16. _ ____________________________________ SARAH S. VANCE UNITED STATES DISTRICT J UDGE

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