Oliver Pearson v. Larry Pasha

MEMORANDUM

Oliver Emanuel Pearson (“Pearson”) appeals a jury verdict in favor of Larry Pasha (“Pasha”) on Pearson’s 42 U.S.C. § 1988 claim alleging Pasha applied excessive force during a pat search at Montana State Prison in violation of the Eighth Amendment. We have jurisdiction under 8 U.S.C. § 1291 . We affirm.

Even assuming the district court abused its discretion in not allowing Pearson to more fully develop testimony about other complaints, United States v. Wellington, 754 F.2d 1457, 1468 (9th Cir.1985), any error was not sufficiently prejudicial. Because some evidence that other complaints had been made against Pasha was presented to the jury, exclusion of additional evidence about those complaints did not “more probably than not” affect the verdict. Boyd v. City and Cnty. of San Francisco, 576 F.3d 988 , 943 (9th Cir.2009) (quoting McEuin v. Crown Equip. Corp., 328 F.3d 1028, 1032 (9th Cir.2003)).

The district court’s decision not to admit Pearson’s grievances was not an abuse of discretion. Friedrich v. Intel Corp., 181 F.3d 1105, 1110-11 (9th Cir.1999). The oral testimony presented about Pasha’s grievances communicated much of their content and was effective in…