United States Eighth Circuit
CLARK v. MARTINEZ, 00-2412
In an action against a police officer for excessive force during an arrest, 1) evidence of another bad act the officer allegedly committed was properly excluded, 2) the pre-trial order and answer were appropriately amended after the close of the evidence, to conform to a self-defense theory, and 3) self-defense instruction was correct.
Appellate Information
- Decided 07/02/2002
- Published 07/02/2002
Judges
- BOWMAN, Circuit Judge., Before: BOWMAN, RICHARD S. ARNOLD, and WOLLMAN, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Torry N. Garland, argued, Omaha, NE (George F. Heiden, on the brief), for appellant.
- For Appellees:
- Thomas O. Mumgaard, Asst. City Atty., argued, Omaha, NE (Michelle Peters, Asst. City Atty., on the brief), for appellee.