Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1:04-cv-01394-GMS

Document 192

Filed 04/11/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

CAPTAIN BARBARA L. CONLEY, Plaintiff, v. COLONEL L. AARON CHAFFINCH, individually and in his official capacity as the Superintendent, Delaware State Police; LIEUTENANT COLONEL THOMAS F. MACLEISH, individually and in his official capacity as the Deputy Superintendent, Delaware State Police; DAVID B. MITCHELL, individually and in his official capacity as Secretary of the Department of Safety and Homeland Security, State of Delaware; and DIVISION OF STATE POLICE, DEPARTMENT OF SAFETY AND HOMELAND SECURITY, STATE OF DELAWARE, Defendants.

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C.A.No.04-1394-GMS

PLAINTIFF'S ANSWERING BRIEF IN OPPOSITION TO DEFENDANTS' MOTION IN LIMINE TO EXCLUDE EVIDENCE OF ALLEGED JOKES AND REMARKS BY COLONEL CHAFFINCH RELATED TO RACIAL ISSUES AND UNRELATED TO GENDER

THE NEUBERGER FIRM, P.A. THOMAS S. NEUBERGER, ESQ. (#243) STEPHEN J. NEUBERGER, ESQ. (#4440) Two East Seventh Street, Suite 302 Wilmington, DE 19801 (302) 655-0582 [email protected] [email protected] Dated: April 11, 2006 Attorneys for Plaintiff

Case 1:04-cv-01394-GMS

Document 192

Filed 04/11/2006

Page 2 of 3

Plaintiff does not intend to offer evidence of Chaffinch's racial bias because it is not relevant to plaintiff's claims of gender discrimination. Plaintiff has ample evidence of Chaffinch's discriminatory beliefs and attitudes toward women. Accordingly, plaintiff does not oppose the defense motion in this regard For purposes of the record, plaintiff notes that defendants' characterization of her Answers to Interrogatories as "narrative interrogatory answers" is incorrect. (Motion at 2; Opening Brief at 1). If defendants had crafted more pointed interrogatory questions, plaintiff would have been able to more succinctly respond. However, given the open ended nature of defendants' questions, plaintiff was forced to respond fully and accurately, in accord with the requirements of the rules. Furthermore, to the extent defendants insinuate that plaintiff used this case to take discovery on racial issues, such an accusation is flatly denied. However, in the interest of time and judicial economy, plaintiff will not respond further to the issue as it does not have any direct bearing on issues relevant to these pretrial submissions. Respectfully Submitted, THE NEUBERGER FIRM, P.A.

/s/ Stephen J. Neuberger THOMAS S. NEUBERGER, ESQ. (#243) STEPHEN J. NEUBERGER, ESQ. (#4440) Two East Seventh Street, Suite 302 Wilmington, Delaware 19801 (302) 655-0582 [email protected] [email protected] Dated: April 11, 2006 Attorneys for Plaintiff

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Case 1:04-cv-01394-GMS

Document 192

Filed 04/11/2006

Page 3 of 3

CERTIFICATE OF SERVICE I, Stephen J. Neuberger, being a member of the bar of this Court do hereby certify that on April 11, 2006, I electronically filed this Brief with the Clerk of the Court using CM/ECF which will send notification of such filing to the following: Ralph K. Durstein III, Esquire Department of Justice Carvel State Office Building 820 N. French Street Wilmington, DE 19801 James E. Liguori, Esquire Liguori, Morris & Yiengst 46 The Green Dover, DE 19901

/s/ Stephen J. Neuberger STEPHEN J. NEUBERGER, ESQ.

Conley/ Pleadings / Conley - AB to Ds M inL - racial issues.final