Legal Opinion

United States v. Gore

Court of Appeals for the Fourth Circuit

Decided January 12, 2010No. 08-4462PublishedCited by 17 opinions

1Opinion of the Court

OPINION

NIEMEYER, Circuit Judge:

In defending charges that he forcibly assaulted a correctional officer at the Federal Correctional Institution (FCI) Gilmer, in Glenville, West Virginia, and forcibly resisted and opposed correctional officers there, both in violation of 18 U.S.C. § 111, Michael Gore requested that the district court instruct the jury on his affirmative defense of justification based on self-defense in the following form:

If the Correctional Officer uses more force than appears reasonably necessary, the person stopped may defend against the excessive force, using only the amount…

2Cases cited18 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Bell v. WolfishSupreme Court of the United States · 1979
  3. Sandin v. ConnerSupreme Court of the United States · 1995
  4. Gregg v. GeorgiaSupreme Court of the United States · 1976
  5. Hudson v. PalmerSupreme Court of the United States · 1984

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3Cited by17 opinions

  1. David King v. Timothy RileyCourt of Appeals for the Fourth Circuit · 2023
  2. United States v. Enrique Acosta-SierraCourt of Appeals for the Ninth Circuit · 2012
  3. United States v. WaldmanCourt of Appeals for the Seventh Circuit · 2016
  4. United States v. Michael SmithCourt of Appeals for the Fourth Circuit · 2015
  5. DePaolis v. Virginia Department of CorrectionsDistrict Court, W.D. Virginia · 2019

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