Roberto Arce v. Michael Carmody

MEMORANDUM

The plaintiffs appeal from an adverse jury verdict in their action under 42 U.S.C. § 1983 against the City of North Las Ve gas, the North Las Vegas Police Department, and various police officers arising from Roberto Arce’s death while in police custody. The plaintiffs challenge three evidentiary rulings by the district court. To reverse based on an evidentiary error, we must conclude not only that the district court abused its discretion, but also that the error was prejudicial. Boyd v. City & County of San Francisco, 576 F.3d 938, 943 (9th Cir.2009). An error is prejudicial when it more probably than not affected the verdict. Id.

The district court properly excluded evidence of the North Las Vegas police department’s involvement in the death of Gloria Parker. This Court previously held that the force applied in that case was not excessive. See Carter v. Denison, 110 Fed.Appx. 6, 8 (9th Cir.2004) (unpublished). The district court reasonably determined that this evidence was inadmissible in Arce’s case under Federal Rule of Evidence 403.

The district court abused its discretion, however, in permitting the defendants to introduce the coroner’s inquest jury verdict at…