DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
152409P.pdf 07/08/2016 United States v. Colin Boone
U.S. Court of Appeals Case No: 15-2409
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Wollman, Author, with Melloy and Colloton, Circuit Judges]
Criminal case - Criminal law. In the prosecution of a former police
officer for depriving a man of his Fourth Amendment rights by use of a
unreasonable force during the man's arrest in 2013, the district court did
not err under Rule 404(b) in admitting evidence concerning the former
officer's prior use of unreasonable force in 2009 as he put his state of
mind and intent in issue, and the evidence was relevant on those issues;
the 2009 incident was not so remote in time as to make it inadmissible;
the evidence was sufficient for a reasonable jury to determine that the
force used in the 2009 incident was excessive; the district court properly
gave a limiting instruction concerning the 2009 incident and minimized any
unfair prejudice which might otherwise have arisen; no error in admitting
a video of the 2009 incident.