Trudy Mighty, as Personal Representative of the Estate of David M. Alexis, Deceased v. Miguel Carballosa, et al.
SocialSecurity FourthAmendment Patent Privacy JusticiabilityDoctri
Whether the Eleventh Circuit erroneously applied the doctrine of 'curative admissibility' to affirm the district court's admission of inadmissible speculative opinions by the Defendant's expert
QUESTION PRESENTED The question before this Court is whether, in a civil case involving the killing of a young Black man, whose lawful gun was found twenty feet from his body amidst the officer’s spent bullet casings, the Eleventh Circuit erroneously applied the doctrine of “curative admissibility” to affirm the district court’s admission of admittedly inadmissible speculative opinions by the Defendant’s expert under the “curative admissibility” doctrine, without finding 1) Plaintiff opened the door with unfairly prejudicial inadmissible testimony or 2) Plaintiff opened the door with testimony that raised an unfairly prejudicial false or misleading impression that otherwise inadmissible but indisputable evidence would rebut, in conflict with decisions from every other circuit court of appeals?