Quimbee logo
DMCA.com Protection Status
From our private database of 16,800+ case briefs...

McCrary-El v. Shaw

United States Court of Appeals for the Eighth Circuit
992 F.2d 809 (8th Cir. 1993)


Jerry McCrary-El (plaintiff) was serving a life sentence in prison. McCrary-El brought suit against the prison guards (defendants) for using excessive force against him in his prison cell. According to McCrary-El, the assault began in the doorway of his cell and then moved further into the cell, where most of his injuries occurred. Antonio Jones was in the cell next to McCrary-El’s. Jones testified during his deposition that there was a crack in the door of his cell that allowed him to see part of the alleged assault on McCrary-El. Jones admitted that he could not see the incident once all of the guards were entirely inside McCrary-El’s cell. At trial, McCrary-El sought to read Jones’s deposition into evidence. The district court denied McCrary-El’s request, finding that Jones lacked personal knowledge of the assault as required under Federal Rule of Evidence (FRE) 602. The district court ruled in favor of the defendants and denied McCrary-El’s motion for a new trial. McCrary-El appealed.

Rule of Law


Holding and Reasoning (Arnold, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 449,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 449,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial