Friday, August 28, 2009
Ind. Decisions - 7th Circuit issues one Indiana opinion today
In Cruz v. Safford (SD Ind., Judge McKinney), a 10-page opinion, Judge Bauer writes:
Oscar Cruz, an inmate at the Pendleton Correctional Facility, filed a pro se civil rights action against prison guard John Safford under 42 U.S.C. § 1983, claiming that Safford reached into Cruz’s cell and choked him, in violation of his Eighth Amendment right to be free from excessive force. The case was tried to a jury and Cruz lost. On appeal, Cruz argues that the district court committed several reversible errors by: (1) erroneously instructing the jury; (2) denying a motion to amend his complaint; and (3) limiting the cross-examination of one of Safford’s witnesses. For the following reasons, we affirm.
Posted by Marcia Oddi on August 28, 2009 10:57 AM
Posted to Ind. (7th Cir.) Decisions