Randy C. Eiland v. Larry Kincheloe

978 F.2d 714 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Randy C. EILAND, Plaintiff-Appellant, v. Larry KINCHELOE, et al., Defendants-Appellees. No. 92-35071. United States Court of Appeals, Ninth Circuit. Submitted Oct. 22, 1992. * Decided Oct. 29, 1992. Before SNEED, BEEZER and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Randy C. Eiland, a Washington state prisoner, appeals pro se the district court's judgment, following a jury trial, in favor of correctional officers in Eiland's 42 U.S.C. § 1983 action. At trial Eiland alleged that prison officials violated his due process rights in connection with a prison disciplinary hearing by not allowing him to call a witness to testify on his behalf. On appeal, Eiland contends that the district court erred (1) when it denied his motion to exclude the testimony of Lewis Menke ("Menke"), a correctional officer, pursuant to Fed.R.Evid. 403 because the testimony's prejudicial effect outweighed its probative value; and (2)…