Irvin

Irvin v. Ciauri

Good Law
21 F. App'x 730
United States Court of Appeals for the Ninth CircuitNovember 2, 2001No. 99-55475; D.C. No. CV-85-5567-HMCalifornia338 words

Opinion

Lead Opinion

MEMORANDUM ***

Steven Derrick Irvin appeals pro se the district court’s judgment for defendants in his 42 U.S.C. § 1983 action alleging that corrections officers at the California Institution for Men, Chico, California, used excessive force and subjected him to cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. We have jurisdiction under 28 U.S.C. § 1291 .

Irvin challenges the district court’s exclusion of certain evidence during a bench trial and its findings of fact and conclusions of law. Irvin also claims that he was denied a fair trial because the district *731 judge slept through portions of the trial and failed to sanction defendants for spoliation of evidence, and because Irvin’s trial attorney committed malpractice preparing for and during the trial.

We review a district court’s evidentiary rulings for an abuse of discretion, Defenders of Wildlife v. Bernal, 204 F.3d 920, 927 (9th Cir.2000), and its findings of fact and conclusions of law for clear error. Howard v. United States, 181 F.3d 1064, 1066 (9th Cir.1999). Reversal for general judicial misconduct can be warranted if the trial was unfair. Handgards, Inc. v. Ethicon, Inc., 743…

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