Opinion
CIVIL ACTION NO.: 13-00566-BAJ-RLB
04-14-2016
EDWARD GIOVANNI (#96746) v. N. BURL CAIN, ET AL.
RULING AND ORDER
Before the Court is a Motion in Limine to Exclude Plaintiff's Photographs (Doc. 67) filed by Defendants N. Burl Cain, Kenneth Norris, Stephanie Lamartiniere, and Dr. Jason Collins (collectively, "Defendants"). The motion is unopposed.
This case, as it currently stands, involves two parties and one cause of action. (See Docs. 32, 34). Plaintiff Edward Giovanni ("Plaintiff"), an inmate at Louisiana State Penitentiary ("LSP"), has sued Defendant Dr. Jason Collins in his individual capacity for damages arising out of a hernia surgery that, in Plaintiff's telling, was delayed for so long that it constituted deliberate medical indifference in violation of the Eighth Amendment. (See Doc. 1 at pp. 12—14).
Plaintiff now seeks to introduce three photographs of his hernia at trial. (See Doc. 62-1 at p. 5); (See Doc. 67-2); (See Doc. 67-3); (See Doc. 67-4). Defendants object and seek to have the photographs excluded under Federal Rule of Evidence ("Rule") 403. (See Doc. 67-1).
Ultimately, the Court finds that the photographs possess sufficient probative value to preclude their exclusion under Rule 403. Cf. United States v. Dillon, 532 F.3d 379, 391 (5th Cir. 2008) (noting that "[r]elevant evidence is inherently prejudicial: but it is only unfair prejudice, substantially outweighing probative value, which permits exclusion . . . under Rule 403") (emphasis in original); United States v. Morris, 79 F.3d 409, 411 (5th Cir. 1996) (referring to Rule 403 as an "extraordinary measure that should be used sparingly"). That is, they speak to Plaintiff's "pain and suffering in a way that the mere recitation of . . . [Plaintiff's medical records] cannot impart." Paige ex rel Paige v. Mariner Health Care, Inc., No. CIVA. 506CV162DCBJMR, 2008 WL 7176042. at *4 (S.D. Miss. May 22. 2008): see also Dixon v. Int'l Harvester Co.. 754 F.2d 573, 586 (5th Cir. 1985).
To the extent that Dr. Randy Lavespere believes that the photographs do not accurately depict Plaintiff's hernia, (see Doc. 67-5 at ¶¶ 6—7), he is, if called, free to so testify at trial.
Accordingly,
IT IS ORDERED that Defendants' Motion in Limine to Exclude Plaintiff's Photographs (Doc. 67) is DENIED.
Baton Rouge. Louisiana, this 14th day of April, 2016.
/s/ _________
BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA