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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.
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