Record contained sufficient evidence to support defendant-prisoner’s conviction during bench trial on charge of forcible assault of correctional officer arising out of incident in which defendant head-butted officer during argument about pat-down search by said officer. While Dist. Ct. found that defendant, as prisoner, could not assert self-defense claim unless he established that he was under imminent threat of death or serious bodily harm, Ct. of Appeals concluded that, under 8th Amendment principles, prisoner need not establish fear of serious bodily harm or death before being allowed to use force to protect himself, and that prisoner could assert self-defense claim if prisoner had reasonable belief that officer(s) intended to cause sadistic and malicious harm to prisoner. However, Dist. Ct. did not err in finding that instant defendant had reasonable legal alternative to use of force by merely submitting to officer’s search, and thus defendant could not rely on self-defense to excuse his conduct.
Federal 7th Circuit Court
Criminal Court
Self-Defense