United States Sixth Circuit

In excessive force claims against corrections officers, a Use of Force Committee Report held admissible under Fed. R. Evid. 803(8); supervisory liability under 42 U.S.C. section 1983 cannot be based upon failure to act, but must be based on active unconstitutional behavior.

Appellate Information

• Decided 11/27/2002
• Published 11/27/2002

Judges

• Before SILER and GILMAN, Circuit Judges;  HEYBURN, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Staughton Lynd (argued and briefed), Northeast Ohio Legal Services, Youngstown, OH, John B. Juhasz (briefed), Youngstown, OH, Douglas B. Taylor (briefed), New Middletown, OH, for Plaintiffs-Appellants.


• For Appellees:
  
• Todd R. Marti (argued and briefed), Office of the Attorney General, Corrections Litigation Section, Columbus, OH, for Defendant-Appellee.