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WSB Channel 2 Atlanta
Former Clayton Co. Sheriff Victor Hill loses appeal in U.S. District Court
By WSBTV.com News Staff,
21 days ago
Just over a year after filing an appeal to his conviction for violating the rights of inmates in his custody, former Clayton County Sheriff Victor Hill lost his appeal in federal court.
In a Monday ruling, a trio of federal judges for the 11th Circuit Court of Appeals ruled that Hill’s appeal of his conviction on all grounds of appeal filed by Hill’s attorneys.
According to the court ruling, Hill was appealing his conviction on three grounds:
That he was not given fair warning that his conduct while sheriff was unconstitutional
That the district court abused its discretion while questioning a juror about allegations of misconduct
That the prosecution did not present sufficient evidence that his conduct had no “legitimate nonpunitive purpose, was willful and caused the detainees’ injuries”
The court said none of these challenges to his conviction were valid.
“Hill challenges that conviction on three grounds. We reject each one. First, Hill had fair warning that his conduct was unconstitutional—that is, that he could not use gratuitous force against a compliant, nonresistant detainee. Second, sufficient evidence supported the jury’s conclusion that Hill’s conduct had no legitimate nonpunitive purpose, was willful, and caused the detainees’ injuries. Third, the district court did not coerce the jury verdict but properly exercised its discretion in investigating and responding to alleged juror misconduct,” according to the court.
As a result, his appeal was denied and the conviction was affirmed.
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