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plain error |
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plain error n. a mistake by the trial court found by a court of appeals to be very obvious and sufficient to require reversal of the trial decision. |
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The appeals court reversed and remanded in part, finding that it was plain error to instruct the jury that to find the guard liable on the excessive force claim, it had to find both that he forced the inmate to have sexual intercourse and that the use of force was applied maliciously for the purpose of causing harm. ``We believe that this holding is clearly erroneous and represents a plain error and an abuse of discretion, and we intend to implement all available legal and equitable remedies immediately,'' the lawyer, Donovan Campbell, said in a statement. The appeals court reversed and remanded in part, finding that it was plain error to instruct the jury that to find the guard liable on the excessive force claim, it had to find both that he forced the inmate to have sexual intercourse and that the use of force was applied maliciously for the purpose of causing harm. |
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plain error
