David Weed v. City of Seattle

MEMORANDUM

David and James Weed (collectively “Weed”) appeal a jury verdict in favor of the City of Seattle, Officer Terry Dunn, and Officer Dale Davenport (collectively “defendants”). Weed claims that the defendants violated the Fourth Amendment and state trespass and battery laws when they responded to a noise disturbance at Weed’s home. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Weed argues that the district court’s evidentiary ruling excluding Officer Dunn’s prior misconduct and disciplinary history was an abuse of discretion that was prejudicial. It was not an abuse of discretion for the district court to exclude this evidence under Federal Rule of Evidence 403 because the initial finding of excessive force and imposition of disciplinary action against Officer Dunn, were later reversed on appeal. See Wicker v. Oregon ex rel. Bureau of Labor, 543 F.3d 1168, 1173 (9th Cir.2008). As the district court explained, “Officer Dunn’s overturned suspension would be more prejudicial than probative in this case, since the jury would likely not give due weight to the fact that the suspension was overturned.” We give the district court “broad discretion” for this…