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5th Circuit Affirms Judgment against Guard in Texas Excessive Force Case

On July 29, 2004, Texas prison Guard Juan Martinez was found guilty in district court of inflicting cruel and unusual punishment upon prisoner Avniel Awan Anthony. The finding was the result of a jury trial in the § 1983 civil rights action filed by Anthony after Martinez used excessive force against him. As a further result of that trial, Martinez was ordered to pay Anthony $100 in nominal damages.

Martinez appealed that decision in the 5th Circuit on June 16, 2006, claiming three points of error: that excessive force was not proven; the jury's verdict was inconsistent; and that he was entitled to qualified immunity.

In a decision filed July 13, 2006, the 5th Circuit rejected each of Martinez's arguments and affirmed the district court's judgment.

See: Anthony v. Martinez, U.S.D.C., W.D.-Tx., San Anto, SA-03-CA-0053-JWP, Anthony v. Martinez, 5th Cir., 04-51083.

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Anthony v. Martinez

Anthony v. Martinez