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“Defense of Another” Not Applicable to Prison Disciplinary Defense

Loaded on Aug. 15, 2008 published in Prison Legal News August, 2008, page 41
Filed under: Conditions of Confinement, Failure to Protect (General), Defenses. Location: Indiana.
The Seventh Circuit Court of Appeals held that it is no defense to a prison disciplinary charge for battery that the blows were struck to prevent the further stabbing of a third person.

Aaron B. Scruggs, an Indiana state prisoner, filed a federal habeas corpus action challenging his disciplinary conviction ...

 

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