Friday, August 20, 2004

6th Circuit Upholds Testimony from Expert on Police Practices

The Sixth Circuit has published an opinion upholding the admissibility of testimony from the plaintiffs' expert on police practices in an excessive force case. See Champion v. Outlook Nashville, Inc., No. 03-5068 (6th Cir. Aug. 19, 2004) (Batchelder, Moore, & Caldwell, JJ.).

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.