J. Wilkerson v. B. Wheeler

Adonai El-Shaddai (“El-Shaddai”) alleges that correctional officers used excessive force in restraining him while he was incarcerated at High Desert State Prison in California. El-Shaddai sued the officers and the prison librarian under 42 U.S.C. § 1983 , claiming that they violated his federal constitutional rights. Defendants prevailed at trial. El-Shaddai appeals, contending that: (1) the district court erred by instructing the jury that it was established that El-Shaddai resisted the correctional officers; (2) the district court abused its discretion in excluding certain witnesses and evidence; (3) the failure to appoint counsel for El-Shaddai was an abuse of discretion; and (4) the order granting summary judgment to Sergeant Turner, one of the correctional officers, for El-Shaddai’s failure to exhaust administrative remedies was error. We have jurisdiction under 28 U.S.C. § 1291 . Because the district court erred in granting summary judgment to Turner, and because the jury instructions were misleading, we reverse the award of summary judgment to Turner, vacate the judgment as to the other officers, and remand for a new trial. Because we vacate the judgment on the…