While this case discusses Heck v Humphrey and distinguishes it by asserting that the issue in this case is excessive force, I think the case adopts a strangled reasoning to declare that a nolo plea to an assault on a correctional officer cannot be used to challenge the testimony of a plaintiff who claims in an excessive force case arising from the incident that the plaintiff did not assault the officer. Civil Rights, Constitutional Law, Evidence, Injury & Tort Law Sharif v. Picone, No. 12-4468<http://caselaw.findlaw.com/us-3rd-circuit/1655217.html?DCMP=NWL-pro_3rd> Judgment for defendants on plaintiff's 42 U.S.C. section 1983 excessive force claim is vacated and remanded, where: 1) Federal Rule of Evidence 410 barred the admission of plaintiff's plea of nolo contendere for assault in connection with the incident that is at the heart of his section 1983 claim, and the error was not harmless; and 2) the district court abused its discretion in admitting evidence of that resulting conviction. Read more...<http://caselaw.findlaw.com/us-3rd-circuit/1655217.html?DCMP=NWL-pro_3rd> Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 7910 Woodmont Ave., Suite 1440 Bethesda, Maryland 20814 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Mid Year Seminar in Exciting Anchorage, Alaska, May 17-20, 2014 IMLA's Annual Conference in Baltimore, MD Sept. 10-14 Celebrating the 200th Anniversary of the the Battle of Ft. McHenry and the birth of the "Star Spangled Banner"