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Whichard v. Baylor

United States District Court, E.D. Pennsylvania
Jun 30, 2004
Civil Action No. 01-CV-148 (E.D. Pa. Jun. 30, 2004)
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Summary

excluding evidence of prior bad acts by prison officials for the purpose of proving that officials intended to cause harm in the case because "[t]he risk is too high that the jury, regardless of how well instructed, would conclude that, because these officers had used improper force on a prisoner before, they were more likely to have done so here"

Summary of this case from Barber v. Sheppleman
See 3 Summaries

Opinion

Civil Action No. 01-CV-148.

June 30, 2004

ORDER

BRUCE KAUFFMAN, District Judge

AND NOW, this ___ day of June, 2004, the Court having been informed that Joseph Dever, Esq., who was appointed by the Court to represent Plaintiff on September 6, 2002, is no longer associated with the firm of Morgan, Lewis Bockius LLP, it is ORDERED that the Clerk of the Court shall terminate Joseph Dever, Esq. as attorney for Plaintiff. It is FURTHER ORDERED that Nathan Andrisani, Esq. of Morgan, Lewis Bockius LLP is appointed to represent Plaintiff.

Summaries of

Whichard v. Baylor

United States District Court, E.D. Pennsylvania
Jun 30, 2004
Civil Action No. 01-CV-148 (E.D. Pa. Jun. 30, 2004)

excluding evidence of prior bad acts by prison officials for the purpose of proving that officials intended to cause harm in the case because "[t]he risk is too high that the jury, regardless of how well instructed, would conclude that, because these officers had used improper force on a prisoner before, they were more likely to have done so here"

Summary of this case from Barber v. Sheppleman

In Whichard v. Baylor, 2004 U.S. Dist. LEXIS 12619 (E.D. Pa. July 1, 2004), the plaintiff alleged that prison guards assaulted him and sought to introduce evidence of a "Summary Report Regarding the Use of Force" pertaining to a similar incident between the defendant prison guards and another inmate.

Summary of this case from Thompson v. Mancuso

In Whichard, the district court granted the officer's motion to exclude the prior misconduct "subject to reconsideration should Defendants proceed at trial in a manner that would change the prejudice-probity balance."

Summary of this case from Thompson v. Mancuso
Case details for

Whichard v. Baylor

Case Details

Full title:MAURICE WHICHARD v. C/O BAYLOR and C/O COOPER

Court:United States District Court, E.D. Pennsylvania

Date published: Jun 30, 2004

Citations

Civil Action No. 01-CV-148 (E.D. Pa. Jun. 30, 2004)

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Thompson v. Mancuso

As a result, the Court finds that the intent of the officers will have limited relevance in this case. In…

Barber v. Sheppleman

Moreover, under Rule 404(b) an officer's disciplinary record is not admissible "if offered to prove a…

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