Prisoner successfully appeals decision in Section 1983 civil rights action
Clients Barnett, Troas Voltaire
Jones Day represented Mr. Troas Barnett, a prisoner in California, in his successful Ninth Circuit appeal for a new trial in a 42 U.S.C. §1983 suit he brought against his prison guards. Mr. Barnett alleged that the guards used excessive force in a confrontation that left him badly injured. During the jury trial, Mr. Barnett called fellow prisoners as witnesses but they all refused to testify. In spite of suspicions that the witnesses may have been intimidated, the magistrate judge disclaimed any ability to encourage testimony. The appeals court found that allowing the witnesses to remain silent was an abuse of the magistrate judge's discretion and remanded the case back to the Eastern District of California, suggesting that the court appoint counsel to assist Mr. Barnett.
Barnett v. Norman, No. 13-15234 (9th Cir.)