John Sherman v. Tracy Wood

MEMORANDUM

Plaintiff-Appellant John Sherman appeals from a judgment entered pursuant to the jury’s verdict in favor of Appellees Tracy Wood and Rod McAllister, and from the denial of his motion for a new trial, pursuant to Rule 59(a) of the Federal Rules of Civil Procedure. We have jurisdiction, pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not abuse its discretion in denying Sherman’s motion for a new trial, because the jury’s verdict was not against the weight of the evidence. The officers’ testimony and other evidence at trial supported the jury’s conclusion that the officers had probable cause to arrest Sherman for criminal mischief in the third degree. See Or. Rev. Stat. § 164.345 (1). Because there was “some reasonable basis” for the jury’s decision, Molski v. M.J. Cable, Inc., 481 F.3d 724, 729-30 (9th Cir.2007), the district court’s denial was not an abuse of discretion.

To the extent Sherman contends that the evidence at trial was insufficient to support the jury’s verdict, he has not preserved his claim. Sherman did not file a motion for judgment as a matter of law during trial, pursuant to Rule 50(a) of the Federal Rules of Civil Procedure, or…