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Whether Prisoner Officials’ Actions Constitute Deliberate Indifference not Subject to Expert Opinion

U.S. District Judge John Steele granted in part and denied in part a motion in limine seeking to preclude expert opinion on whether the actions of prison officials constituted deliberate indifference.

Michelle Goebert, a former Lee County, Florida prisoner, sued Lee County and a host of other officials for providing deliberate indifferent medical care. Goebert alleged that the lack of adequate medical care by jail officials resulted in the “death of [her] unborn child.”

Prior to trial, the defendants moved to exclude Goebert’s expert witness. The defendants argued that Goebert’s expert witness was unqualified and that she should not be permitted to testify that the actions of the defendants amounted to deliberate indifference.

The court granted in part and denied in part the motion. Specifically, the court found that Goebert’s expert was qualified to testify, but not as to the question of whether the defendants’ actions constituted deliberate indifference. See: Goebert v. Lee County, 2008 U.S. Dist. Lexis 36640 (M.P. Fl 2008).

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Related legal case

Goebert v. Lee County