Gerald Spence v. John Doe Noble, Sgt.

Good Law
98 F.3d 1346·1996 WL 583619·1996 U.S. App. LEXIS 38586
United States Court of Appeals for the Ninth CircuitOctober 9, 199695-17129California271 words

Opinion

Opinion

98 F.3d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gerald SPENCE, Plaintiff-Appellant, v. John Doe NOBLE, Sgt., Defendant-Appellee. No. 95-17129. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1996. * Decided Oct. 9, 1996. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Claiming he had been mistreated as a pretrial detainee in the Maricopa County Jail, Gerald Spence filed the instant pro se civil rights action under 42 U.S.C. § 1983 against three of the jail's officers. After the district judge had dismissed two of the defendants, the parties jointly consented to proceed before a magistrate judge. Following a bench trial, the court entered judgment in favor of the remaining defendant, Sergeant Noble. Spence has timely appealed, arguing that the court erred by (1) granting Noble's motion in limine, (2) admitting evidence of Spence's propensity for violence, and (3) concluding that Noble did not use excessive force…

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