Defendant Barnstable County Sheriff's Office's Motion in limine to preclude Testimony as to Negligent Hiring, Retention, Supervision or Training

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On October 27, 2014 a contract action involving the commonwealth, municipality, mbta, etc. case was filed by Smith, Richard N, represented by Kelley, Esq., Paul R, and Manoog, Iii, Esq., John Charles, against Barnstable County Sheriff'S Office, represented by Brody, Esq., Erica, Buckley, Esq., Donna Desimone, Donohue, Esq., Thomas R, and Kesten, Esq., Leonard Henry, in the jurisdiction of Barnstable County. Judge Thomas J. Perrino presiding.

                        
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                          COMMONWEALTH OF MASSACHUSETTS

BARNSTABLE, ss. BARNSTABLE SUPERIOR COURT
Civil Action No.: 1472CV00528

 

RICHARD N. SMITH, Ill,
Plaintiff,
V.
BARNSTABLE COUNTY SHERIFF'S OFFICE,

Defendant.

Ve ee eee eee

 

DEFENDANT’S MOTION IN LIMINE TO PRECLUDE TESTIMONY AS TO
NEGLIGENT HIRING, RETENTION, SUPERVISION OR TR. NG

 

 

The Defendant respectfully moves this Honorable Court in limine to preclude testimony
or argument related to alleged negligent hiring, retention, supervision or training as the Plaintiff
is not asserting such a claim, and there is no record evidence to support such allegations.

The only issue in this case is whether Deputy Peterson assisted the Plaintiff in getting out
of the van, or, as the Plaintiff alleges, whether Deputy Peterson opened the side door of the van
and ordered the Plaintiff to exit without assistance. The Plaintiff claims that he exited the van
alone because the deputy had already walked to the back door area of the van. Despite this, the
Plaintif…