SIMPSON v. THOMAS

No. 07-16228.

528 F.3d 685 (2008)

Gary SIMPSON, Plaintiff-Appellant, v. Sergeant Jeffrey THOMAS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 11, 2008.


Attorney(s) appearing for the Case

Carter C. White, Supervising Attorney, and Anjuli Fiedler and Rachel Golick, Certified Law Students, U.C. Davis School of Law, Davis, CA, for the plaintiff/appellant.

Misha D. Igra, Deputy Attorney General, Sacramento, CA, for the defendant/appellee.

Before: STEPHEN S. TROTT and SIDNEY R. THOMAS, Circuit Judges, and MICHAEL R. HOGAN, District Judge.


TROTT, Circuit Judge:

Gary Simpson filed suit under 42 U.S.C. § 1983 alleging that Sergeant Jeffrey Thomas, a corrections officer at the California Medical Facility ("CMF") state prison in Vacaville, California, used excessive force after Simpson did not comply with Thomas's orders. For impeachment purposes, the district court admitted evidence of Simpson's three prior convictions more than ten years old pursuant to...

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