Friday, February 22, 2013

Eighth Circuit -- Brian Farrington v. Officer Steven Smith

Court Summary (as MB is running late)

Civil case - Civil Rights. In suit alleging the defendant police officer used excessive force, the district court did not err in allowing the officer to testify as to his purported mental state regarding the situation and plaintiff's actions as much of the evidence was elicited by plaintiff's counsel, the information provided context for the officer's actions and the jury was instructed not to consider the officer's state of mind, intention or motivation; no error in permitting the officer to testify regarding possible "weaponization" of cell phones; no error in refusing plaintiff's proposed revised Eighth Circuit Jury Instruction Number 16 on excessive force as the instruction actually given was supported by the law and evidence; conclusion that the district court did not err in denying plaintiff's motion for a new trial on his excessive-force claim was dispositive of his claim that other officers failed to protect him from the use of excessive force.

Brian Farrington v. Officer Steven Smith
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

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Author's SSRN page here.