Sharif v. Picone, No. 12-4468 (3d Cir. 2014)
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Sharif, an inmate housed in the Restrictive Housing Unit, punched a corrections officer. Sharif claims that C.O. Picone punched Sharif first. Picone testified that once he was struck, he attempted to protect himself and that C.O. Potance, who was helping Picone retrieve dinner trays, attempted to restrain Sharif. Sharif asserted that once Picone began to hit him, Potance and C.O. Pinto entered his cell and joined in the attack by choking him. Following the altercation, Sharif was handcuffed and moved to a “suicide cell.” He continued to cause commotion and was moved to a restraint chair. Sharif contends that while he was in the restraint chair, he was punched repeatedly by unnamed corrections officers, observed and permitted by Lieutenant Kospiah. Sharif was charged with aggravated assault, entered a plea of nolo contendere, and was convicted as charged. Sharif filed an excessive force claim under 42 U.S.C. 1983 and moved to exclude evidence of his nolo contendere plea under Rule 410. The court admitted the evidence when Sharif took the stand and denied wrongdoing. The Third Circuit vacated and remanded, noting that Sharif’s credibility was already “suspect” and that the plea was, therefore, of minimal relevance.
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