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Criminal Law

: Fourth Amendment

Resisting conviction not collateral estoppel to excessive force claim

By John Wesley Hall, Jr.

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Resisting arrest conviction does not collaterally estop an excessive force claim. Lamond v. Maher, 2008 U.S. Dist. LEXIS 9078 n. 1 (S.D. Ind. February 5, 2008): The defendants also argue that Lamond is collaterally estopped by the outcome of the criminal prosecution--the outcome being that Lamond was convicted based on his plea of guilty--from pressing his civil rights claims here. There is a body of law that addresses how a court in a civil suit is to treat a criminal conviction where the use of excessive force by police officers could have been a defense to a charge of resisting law enforcement. This principle cannot be applied conclusively here, however, for even if a jury had convicted Lamond this would not automatically bar a claim of excessive force in a subsequent civil action...continue to full post

Full post as published by Fourth Amendment on February 10, 2008 (boomark / email).

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