A plaintiff is suing members of the police department in federal court after receiving a near-fatal beating in jail, alleging a violation of his federal civil rights.
Which of the following items of evidence will the court be likely to admit despite timely objections by the opposing attorney?
A. Testimony by a witness for the plaintiff, who was locked up in an adjoining cell, that the plaintiff was in fact beaten by the defendant police officers, objected to on grounds that calling this witness constitutes an unfair surprise.
B. Testimony by an expert witness who will affirm the testimony of a previous expert that the injuries suffered by the plaintiff were inconsistent with injuries likely from the alleged police beating, objected to on grounds that it will unnecessarily present cumulative evidence.
Incorrect
C. Introduction of the bloodstained shirt that the plaintiff wore on the night of the beating, objected to on grounds that it will create a danger of unfair prejudice.
D. Testimony by a police officer that, because the plaintiff had drug-related track marks on his arms and exhibited symptoms of hepatitis, the officers feared that he might have hepatitis, and consequently would not have beaten him for fear of being infected, objected to on grounds that it may confuse the issues or mislead the jury.