Summary: Law Enforcement Expert Witness testimony allowed despite the plaintiff’s argument that his opinions are biased and that the defendants are lying, which does not support the facts of the case.
Facts: This case (Wood v. City of San Antonio et al – United States District Court – Western District of Texas – April 25th, 2022) involves a claim under section 1983 related to damages following the plaintiff’s arrest outside of her friend’s domicile in February 2019. Wood filed suit against numerous defendants, including the City of San Antonio and a number of police officers who were called to the scene. Wood alleges that the defendants violated her Fourth Amendment right against unlawful search and seizure as well as violation of her right to due process. To assist in their case, the defendants hired Law Enforcement Expert Witness Craig Miller to provide expert witness testimony. The plaintiff filed a motion to exclude this expert from testifying.