CRUZ v. SAFFORD

No. 08-3083.

579 F.3d 840 (2009)

Oscar E. CRUZ, Plaintiff-Appellant, v. John SAFFORD, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 28, 2009.


Attorney(s) appearing for the Case

John R. Schleppenbach, Attorney (argued), Jenner & Block, Chicago, IL, for Plaintiff-Appellant.

Frances Barrow, Attorney (argued), Office of the Attorney General, Indianapolis, IN, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and BAUER and MANION, Circuit Judges.


BAUER, Circuit Judge.

Oscar Cruz, an inmate at the Pendleton Correctional Facility, filed a pro se civil rights action against prison guard John Safford under 42 U.S.C. § 1983, claiming that Safford reached into Cruz's cell and choked him, in violation of his Eighth Amendment right to be free from excessive force. The case was tried to a jury and Cruz lost. On appeal, Cruz argues that the district court committed several reversible errors by: (1) erroneously...

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