Berry v. Beauvais
United States District Court for the District of Colorado
2015 WL 5244892 (2015)
- Written by Serena Lipski, JD
Facts
Theresa Berry (plaintiff) filed suit against two police officers, Brandon Beauvais and Chad Garcia (police officers) (defendants). Berry claimed that the police officers failed to prevent another police officer from using excessive force against her. Anticipating that the police officers would attempt to impeach her testimony regarding the incident, Berry offered the testimony of her psychotherapist, Janice Schultz, as a fact witness to testify that Berry gave her a consistent account of the incident in a therapy session hours after the incident took place. The police officers objected to the testimony as hearsay.
Rule of Law
Issue
Holding and Reasoning (Martínez, J.)
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