Marquez v. Gutierrez.
| Position | Prisoner sues officer for shooting during an assault - Brief Article |
U.S. Appeals Court
PRISONER ON PRISONER ASSAULT
USE OF FORCE
Marquez v. Gutierrez, 322 F.3d 689 (9th Cir. 2003). A state prison inmate brought a [section] 1983 action alleging that an officer's act of shooting him during an assault on another inmate constituted use of excessive force in violation of the Eighth Amendment. The district court denied summary judgment for the officer and the officer appealed. The appeals court reversed, finding that the corrections officer was entitled to...
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