United States Tenth Circuit
US v. Lavallee, 03-1515
The government need not prove that an individual suffered a certain level or type of injury to establish excessive force in violation of the Eighth Amendment and 18 U.S.C. section 242. Defendants-correctional officers' convictions and sentences for conspiracy and deprivation of inmates' constitutional rights are affirmed over their claims of error.
Appellate Information
- Decided 03/01/2006
- Published 03/01/2006
Judges
- TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, BRISCOE, and LUCERO, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellees:
- Brian K. Holland, Holland & Pagliuca, P.C., Denver, CO, appearing for Appellant/Cross-Appellee Verbickas., Richard A. Hostetler, Law Office of Richard A. Hostetler, Denver, CO, appearing for Appellant/Cross-Appellee LaVallee., Neil McFarlane, Denver, CO, appearing for Appellant/Cross-Appellee Schultz., Karl N. Gellert, Attorney (R. Alexander Acosta, Assistant Attorney General, Bradley J. Schlozman, Acting Assistant Attorney General, and Jessica Dunsay Silver, Attorney, with him on the briefs), United States Department of Justice, Washington, DC, appearing for Appellee/Cross-Appellant United States.