EPISODE · Jun 26, 2025 · 11 MIN
Clark v. Department of Public Safety: Excessive Force Claim
from Swear on the Stand · host Daniel W. Swear
This episode discusses the judicial opinion from Clark v. Dep't of Pub. Safety, an appeal before the United States Court of Appeals for the Fifth Circuit, concerning Torriana Clark's lawsuit against prison officials. Clark, an inmate, alleged excessive force by Sergeant Lance Wallace under 42 U.S.C. § 1983, following a prison incident. The district court had previously granted partial summary judgment to the defendants, ruling that Clark's § 1983 claim was barred by the Heck v. Humphrey doctrine, which prevents challenges to convictions or sentences that have not been overturned. The appellate court ultimately affirmed the district court's decision, concluding that Clark's claim would contradict his prior guilty pleas to disciplinary charges that resulted in a loss of good-time credits. The court also upheld the denial of Clark's motion to amend his petition, deeming such an amendment futile given the existing evidence.
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Clark v. Department of Public Safety: Excessive Force Claim
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