Darnell Dukes v. Tim Stricklin

MEMORANDUM

California state prisoner Darnell Dukes appeals pro se from the district court’s judgment following a jury verdict in favor of correctional facility Sergeant Tim Stricklin and Officers Michelle Blakee and Darin Clegg, and a directed verdict in favor of Officer Bruce Jones. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not err in entering judgment in favor of Jones. No evidence or witness testimony indicates that Jones was in any way involved in the incident, aside from Dukes’s own testimony about the fistfight during which he admits he could not see. Evidence suggesting that Jones was in the vicinity is insufficient to draw “reasonable inferences” of his involvement. LVRC Holdings LLC v. Brekka, 581 F.3d 1127, 1136 (9th Cir.2009). Because Dukes’s claim of excessive use of force against Jones is “based solely on speculation,” the district court committed no error by entering judgment in favor of Jones. Id.

Dukes claims that he is entitled to a new trial because defense counsel referred to him as a “serious violent offenderf ],” mentioned his felony convictions, and questioned him about his rules violation record for indecent…