BENDER v. BRUMLEY

No. 91-4884.

994 F.2d 1151 (1993)

Raymond Louis BENDER, Plaintiff-Appellant, v. James A. BRUMLEY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 12, 1993.


Attorney(s) appearing for the Case

John E. Sherman, Houston, TX, for Raymond L. Bender.

Ronald E. Corkern, Jr., Watson, Murchison, Crews, Arthur & Corkern, Natchitoches, LA, for Brumley, James McComic, Arnold "Jack" Staton and Joe R. Byles.

A.M. Stroud, III, Blanchard, Walker, O'Quin & Roberts, Shreveport, LA, for David Remedies, Former Off. with City of Zwolle.

Before REYNALDO G. GARZA, WILLIAMS, and JONES, Circuit Judges.


JERRE S. WILLIAMS, Circuit Judge:

This 42 U.S.C. § 1983 case asserts the police used excessive force in dealing with a pre-trial detainee. The critical, narrow issue before us is whether it was reversible error for the district court to instruct the jury that it must find that Raymond Bender suffered "significant injury" before it could return a verdict in his favor? We conclude that the jury was inescapably misguided by the instruction, which ran afoul of the...

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