The opinion of the court was delivered by: ROSENBAUM
JAMES M. ROSENBAUM, UNITED STATES DISTRICT JUDGE
Claiming hearsay, defendants moved to exclude a telex communication discovered in their files. A hearing was held on their motion in limine on July 21, 1989. After reviewing the files, records, and proceedings herein, including supplemental memoranda submitted by the parties, the Court denied defendant's motion from the bench on June 26, 1989, indicating that a written order would follow. The document was admitted at trial. During the course of the trial defendant Sherburne County made a settlement with the plaintiffs. Trial continued against the remaining defendants. The jury found for plaintiffs and awarded the total sum of $ 680,000.
The Court now supplements its bench ruling with this written order.
Suffice it to say, plaintiff Wanda Charlene Boswell was 6 1/2, months pregnant when, on March 24, 1984, at approximately 1:00 a.m., she was arrested for driving while intoxicated. She was taken into custody and transported to the Sherburne County jail. During the booking procedure at the jail, plaintiff reported difficulties with her pregnancy. A record check, subsequent to booking, revealed two outstanding warrants, one in Becker County, Minnesota, in the amount of $ 150, and the other in Crow Wing County, Minnesota, for $ 50.
At approximately 8:00 a.m. on the morning in question, Boswell's complaints prompted defendant jailor Nancy Riecken to contact defendant chief jailor Steven Daniels at his home. Riecken asked Daniels what to do with Boswell, who was being held at the Sherburne County jail under "hold" orders from each of the counties to which she owed bail. Daniels directed Riecken to inquire of both counties as to their wishes respecting release. To this end, Riecken dispatched the following "telex" message to Crow Wing County:
We have in custody Wanda Charlene Boswell on DWI. She has a warrant for your co. $ 50.00 bail. She also has a warrant in Becker Co. She has the bail of $ 150.00 for this one. She is 6 mo [sic] pregnant and is starting to bleed. What would you like done about your bail [sic] We want her out of our facility as soon as possible. Any suggestions?
Crow Wing County, moments later, responded to the telex with a telex of its own. Crow Wing County's response read as follows and is the subject of this motion:
If she has the bail take it -- if she doesn't release her from our charges. We'll try for her later. We don't want the medical bills either! !!!!!!
The reply telex was printed immediately below the original Sherburne County message on a computer roll of paper.
Defendants objected to admission of the Crow Wing County telex, arguing it was irrelevant, prejudicial, and inadmissible hearsay. The Court has previously found the communication was neither irrelevant nor unduly prejudicial. For the reasons ...