This civil rights case arises out of the officer-involved detention and shooting of Hector Puga (“Decedent”) by California Highway Patrol officers Isaiah Kee, Michael Blackwood, and Bernardo Rubalcava (“State Defendants”) and County of San Bernardino deputies Jake Adams and Robert Vaccari (“County Defendants”) that resulted in Decedent’s death on February 17, 2021.
At the Final Pretrial Conference, Plaintiffs raised concerns regarding State Defendants calling County Defendants’ expert Dr. Kris Mohandie as a witness because State Defendants had not designated Mohandie as an expert. Thus, the Court ordered Plaintiffs to file briefing regarding the admissibility of expert witness Mohandie’s testimony no later than Monday, May 19, 2025. The Court also ordered any opposition to be filed by Wednesday, May 21, 2025.
On May 19, 2025, Plaintiffs filed the instant motion in limine to exclude the testimony of Mohandie. State Defendants failed to file an opposition.
Psychology Expert Witness
Kris Mohandie is a board-certified specialist in police and public safety psychology through the American Board of Professional Psychology.
Discussion by the Court
It was Mohandie’s opinion that the decedent committed suicide by cop. According to him, the Decedent had an Antisocial Personality Disorder, including psychopathy, with life-threatening addictions to alcohol and methamphetamine.
In this case, State Defendants failed to designate Mohandie as an expert witness prior to the deadline to designate an expert witness.
Moreover, State Defendants failed to oppose Plaintiffs’ motion. Thus, State Defendants’ failure to file an opposition is deemed consent to the granting of the motion.
Held
The Court granted the Plaintiffs’ motion in limine to exclude the testimony of Dr. Kris Mohandie.
Key Takeaway:
Failure to file any required document, or to file it within the stipulated deadline, may constitute consent to the granting of the motion. Moreover, arguments for which no response is provided are considered to be conceded.
Case Details:
| Case Caption: | L.C. Et Al V. State Of California Et Al |
| Docket Number: | 5:22cv949 |
| Court Name: | United States District Court, California Central |
| Order Date: | May 22, 2025 |
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