In section 1983 action by plaintiff-prisoner alleging that defendants-prison officials violated his 8th Amendment rights by using excessive force on him when transferring him to segregation unit, Dist. Ct. did not abuse its discretion in redacting purported statement made by plaintiff to prison psychologist that he experienced frustration with lack of attention to his prison grievance he filed “when [correctional officers] kicked my ass.” Dist. Ct. could properly view quoted statement as inadmissible hearsay because plaintiff was attempting to use out-of-court statement as substantive evidence, and Ct. rejected plaintiff’s claim that statement was admissible as part of his medical diagnosis/treatment, since psychologist stated that plaintiff was not talking about any symptoms of medical health problems related to assault at time statement was made. Dist. Ct. also did not abuse its discretion in excluding portion of fellow prisoner’s deposition testimony, in which said prisoner stated concern that defendants would retaliate against him for giving favorable testimony to plaintiff, since there was risk that said testimony would have unfairly prejudiced defendants in front of jury.
Federal 7th Circuit Court
Civil Court
Prisoners