BASTIEN v. GODDARD

No. 00-2224.

279 F.3d 10 (2002)

Delanot BASTIEN, Plaintiff, Appellant, v. William GODDARD, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 1, 2002.


Attorney(s) appearing for the Case

Aderonke O. Lipede, with whom Stephen B. Hrones and Hrones & Garrity were on brief, for appellant.

Austin M. Joyce, with whom Edward P Reardon was on brief, for appellee.

Before BOUDIN, Chief Judge, COFFIN, Senior Circuit Judge, and TORRUELLA, Circuit Judge.


COFFIN, Senior Circuit Judge.

Appellant Delanot Bastien claims that he is entitled to a new trial on his claim of excessive force against appellee William Goddard because the district court incorrectly instructed the jury that liability on an excessive force claim depended upon a finding of "serious" injury. We agree that the jury was improperly instructed and that the error was not harmless. We therefore reverse and remand...

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