Patricia McBreairty, as Personal Representative of the Estate of Shawn McBreairty v. Brewer School Department, et al.

Summary

The United States District Court for the District of Maine dismissed without prejudice the plaintiff’s motion in limine seeking to exclude evidence and testimony concerning non-parties’ reactions to an article authored by Shawn McBreairty. The court concluded that the evidence could be relevant to Defendant Palmer’s motivation and that admissibility, including hearsay and residual-hearsay issues, should be determined at trial rather than through a speculative advisory ruling.

Holdings

1. Evidence and testimony concerning reactions of nonparty students, staff, families, and others to the article was generally relevant because it could bear on Gregg Palmer's motivation, an issue relevant to the remaining liability claims.
2. Evidence concerning nonparty reactions was not categorically inadmissible hearsay because out-of-court statements offered to show their effect on Palmer or to establish his state of mind are not offered for the truth of the matters asserted.
3. The court would not determine before trial whether unspecified statements satisfied Federal Rule of Evidence 807 because defendants had not identified the statements or shown compliance with the rule's notice requirement.

Questions Presented

1. Whether evidence and testimony concerning nonparty reactions to McBreairty's article was categorically irrelevant or unfairly prejudicial under Federal Rules of Evidence 401, 402, and 403.
2. Whether evidence concerning complaints and reactions of nonparties was categorically inadmissible hearsay under Federal Rule of Evidence 802.
3. Whether the court should rule before trial that unspecified statements were admissible under the residual hearsay exception in Federal Rule of Evidence 807.

Disposition

dismissed