Block on Trump's Asylum Ban Upheld by Supreme Court
In a 42 U.S.C. section 1983 action alleging excessive force by an officer in performing an arrest, judgment for defendants is affirmed where: 1) defendant-officer's use of force was reasonable under the circumstances; 2) the district court adequately gave plaintiff's counsel an opportunity to make a prima facie showing that one of defendant's peremptory challenges was made on the basis of race; and 3) because defendant was permitted to provide a detailed description of a preliminary breath test device, any improper showing of the device was merely duplicative of other evidence presented at trial.
Submitted: April 16, 2009
Filed: October 2, 2009
Opinion by Judge Riley