United States Sixth Circuit

A conviction for conspiracy and depriving another of constitutional rights under color of law arising from defendant's alleged use of excessive force against inmates and pretrial detainees is affirmed over claims that: 1) the indictment was constructively amended; 2) the district court erred by failing to instruct the jury properly; and 3) the district court erred in denying his motion for acquittal on certain charges.

Appellate Information

• Decided 08/13/2007
• Published 08/13/2007

Judges

• Before:  COOK and McKEAGUE, Circuit Judges; EDGAR, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Sebastian Rucci, Poland, Ohio, for Appellant.  Gregory B. Friel, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  Sebastian Rucci, Poland, Ohio, for Appellant. Gregory B. Friel, United States Department of Justice, Washington, D.C., for Appellee.