BUSHELL-McINTYRE

ORDER GRANTING DEFENDANTS’ MOTION FOR RECONSIDERATION AND UPON RECONSIDERATION, GRANTING DEFENDANTS’ RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW

1. BACKGROUND

At the close of the evidence, pursuant to Federal Rule of Civil Procedure 50(a), Defendants William Foster and the City of San Jose moved for judgment in their favor as a matter of law with respect to Plaintiff Bryon McIntyre’s claim for battery and with respect to Plaintiff Laura Bushell-Mclntyre’s claims for battery and violation of civil rights. The motions were taken under submission and the case was submitted to the jury.

The jury returned a verdict in favor of Plaintiff Bushell-Mclntyre and against Defendants. Pursuant to Federal Rule of Civil Procedure 50(b), Defendants made a Renewed Motion for Judgment as a Matter of Law. On March 15, 2005, in a written Order, the Court denied the Renewed Motion for Judgment. Defendants have now moved the Court to reconsider its March 15 Order on the ground that the decision was based on an erroneous factual premise with respect to the important issue of whether Officer Foster had probable cause to arrest Plaintiff Bushell-Mclntyre. Defendants contend that even construing the…