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

Case 1:04-cv-01394-GMS

Document 189

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 THE PROCESS USED BY COLONEL THOMAS F. MACLEISH IN THE SELECTION OF CANDIDATES FOR PROMOTION TO THE RANK OF MAJOR IN THE DELAWARE STATE POLICE IN 2005 OR 2006

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 189

Filed 04/11/2006

Page 2 of 3

Plaintiff does not intend to offer evidence of the process used by defendant MacLeish in the years 2005 or 2006 for any liability purpose barred by Fed.R.Evid. 407. Plaintiff reserves the right, however, to offer such evidence for other proper purposes as permitted by Fed.R.Evid. 407. For example, if Chaffinch claims that such a structured promotion process was impossible to create, plaintiff can then offer evidence of MacLeish's process to prove feasibility of implementing a process that does not leave decisions up to the Colonel's unfettered discretion.1

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

Plaintiff also notes that at the time of MacLeish's deposition, there was the open issue of whether plaintiff would amend her complaint to include two subsequent promotions that she was denied. However, plaintiff concluded that adding such additional claims would not be proper under the Federal Rules of Civil Procedure since they arose out of different transactions or occurrences. 1

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Case 1:04-cv-01394-GMS

Document 189

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 - MacLeish process.final