(Download) "Whittington v. Nordam Group Inc." by United States Court of Appeals Tenth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Whittington v. Nordam Group Inc.
- Author : United States Court of Appeals Tenth Circuit
- Release Date : January 29, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
Frederick DeBerry, Rodgerick Lackey, and Paul Talifero (Defendants), inmates at the United States Penitentiary in Florence, Colorado (USPF), were indicted in the United States District Court for the District of Colorado for an alleged assault on Wayne Wheelock, a fellow inmate. Mr. Wheelock is Native American and Defendants are African American. Defendants contend that they were treated less favorably than three Native Americans who allegedly assaulted an African American several days after the assault on Mr. Wheelock, and they moved for discovery concerning selective prosecution. The district court granted their motion. When the government refused to comply with the discovery order, the court dismissed the indictment against Defendants with prejudice. The government appeals the dismissal. We have jurisdiction under 18 U.S.C. § 3731. Because we conclude that the district courts discovery order was erroneous, we reverse the order of dismissal.