Laserfiche WebLink
Case 1:07-cv-00251-JMS-LEK Document 42-2 Filed 08/13/2008 Page 22 of 27 <br /> attach. See Serfass, 420 U.S. at 389-91, 95 S.Ct. 1055; United States v. Gamble, <br /> 141 F.3d 621, 623 (6th Cir.1998). See also U nited States v Pi 174 F.3d 745 <br /> 748-49 (6th Cir.1999)(holding that the dismissal of an indictment before trial <br /> and institution of a superseding indictment does not trigger double jeopardy). <br /> United States v. Mask, 101 F.Supp.2d 673, 679 (U.S. Dist.Ct. West.Dist., <br /> Tenn., 2000). <br /> Plaintiff was never put to trial on this matter. He made a motion to dismiss <br /> this matter prior to him ever being arraigned, and as noted above,jeopardy does <br /> not attach until the defendant is put to trial on the case. Serfass v. United States, <br /> 420 U.S. 377, 388, 95 S.Ct. 1055, 1062, 43 L.Ed.2d 265 (1975). Therefore, any <br /> Fifth Amendment privilege defendant may have had respecting the facts of this <br /> case did not arise at pretrial. <br /> 3. No Excessive Bail Excessive Fines and Cruel and Unusual <br /> Punishment Inflicted. <br /> The Eighth Amendment to the United States Constitution holds that <br /> "[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and <br /> unusual punishments inflicted." U.S. Const. amend. VIII. The Supreme Court <br /> has said that the use of excessive force against a prisoner can violate the Eighth <br /> Amendment, stating that " `the unnecessary and wanton infliction of pain ... <br /> constitutes cruel and unusual punishment forbidden by the Eighth Amendment.' " <br /> 15 <br />