Troas Barnett v. David Norman

Prisoner Troas Barnett appeals a jury verdict that rejected his pro se § 1983 claims of excessive force by prison guards. On appeal and now with assistance of counsel, Barnett contends that the trial court abused its discretion by permitting three prisoner-witnesses to refuse to answer his questions because, according to the prisoner-witnesses, they had “nothing to add to this matter,” chose “not to be a party to” the trial, or were simply unwilling to testify.

While there are exceptions to the maxim “the public has a right to every man’s evidence,” witness abstention is not one of them. The district court abused its discretion by disclaiming any authority to compel the prisoner-witnesses to answer Barnett’s questions. We reverse the judgment and remand for a new trial.

I. FACTS

A. The Fight and Pretrial Litigation

On November 4, 2003, Barnett and two prison guards fought violently in his cell. Barnett says that the guards attacked him with a flashlight and a baton without provocation and followed up with pepper spray and more baton strikes after his submission. The guards say that Barnett initiated the attack on one guard and the other came to his colleague’s aid,…