No. 22-6074

Terry Eugene Sears v. Vernia Roberts, et al.

Lower Court: Eleventh Circuit
Docketed: 2022-11-16
Status: Denied
Type: IFP
IFP
Tags: civil-procedure civil-rights due-process eighth-amendment evidentiary-hearing fourteenth-amendment judicial-discretion prisoner-litigation prisoner-rights security-measures
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2023-01-13
Question Presented (AI Summary)

Whether the procedures required to institute unusual security measures apply in civil cases brought by prisoner plaintiffs?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. WHETHER THE PROCEDURES REQUIRED TO INSTITUTE UNUSUAL SECURITY MEASURES APPLY IN CIVIL CASES BROUGHT BY PRISONER PLAINTIFFS? 2. WHETHER DISTRICT COURT ABUSED ITS DISCRETION BY REFUSING TO CONDUCT A HEARING ON ADVERSE SECURITY MEASURES AND BY FAILING TO STATE ON THE RECORD ANY REASONS FOR THE SECURITY MEASURES? 3. WHETHER DISTRICT COURT ABUSED ITS DISCRETION BY REQUIRING PLAINTIFF TO REMAIN SHACKLED AND BY ALLOWING THREE (3) UNIFORMED CORRECTIONAL OFFICERS TO SIT DIRECTLY BEHIND HIM THROUGHOUT THE TRIAL? 4. WHETHER DISTRICT COURT ABUSED ITS DISCRETION BY REFUSING TO CONDUCT AN EVIDENTIARY HEARING ON DEFENDANT’S BAD-FAITH IN SPOLIATING THE VIDEOTAPE FOOTAGE OF THE USE OF FORCE INCIDENT? 5. WHETHER DISTRICT COURT ABUSED IT S DISCRETION BY ALLOWING DEFENDANTS TO ELICIT IMPROPER EXPERT TESTIMONY FROM SAMUEL PACCHIOLI ABOUT APPROVING THE USE OF FORCE? 6. WHETHER DEFENSE COUNSEL’S CLOSING ARGUMENTS IMPROPERLY EXPRESSED PERSONAL OPINIONS ON THE HONESTY AND CREDIBILITY OF THE WITNESSES? » 7. WHETHER THE EIGHTH AMENDMENT WAS VIOLATED WHEN PRISON OFFICIALS ASSAULTED PLAINTIFF AND SPRAYED CHEMICAL AGENTS ON HIM WHILE HANDCUFFED AND SHACKLED AND LYING FACE DOWN ON THE GROUND AND SUPERVISORY OFFICIALS STOOD BY WATCHING AND FAILED TO INTERVENE? 8. WHETHER THE FOURTEENTH AMENDMENT WAS VIOLATED WHEN THE ACCUMULATION OF ERRORS THROUGHOUT TRIAL IMPAIRED HIS DUE PROCESS RIGHT TO A FAIR TRIAL? 9. WHETHER A FINDING OF PLAIN ERROR iS JUSTIFIED IN REVIEWING CLOSING ARGUMENTS OF COUNSEL IN A CIVIL CASE? 10. WHETHER JURY’S VERDICT WENT AGAINST THE WEIGHT OF THE EVIDENCE? i cy C) “ . ; LISTOF PARTIES — [ ] All parties appear in the caption of the case on the cover page. [x] All parties do not appear in the caption of the case on the cover page. A list of all

Docket Entries

2023-01-17
Petition DENIED.
2022-12-29
DISTRIBUTED for Conference of 1/13/2023.
2022-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2022)

Attorneys

Terry Eugene Sears
Terry E. Sears — Petitioner
Terry E. Sears — Petitioner