David Maddox v. A. Battle

MEMORANDUM

David Maddox appeals from a jury verdict against him following a trial on his 42 U.S.C. § 1983 claim. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the history of the case, we need not recount it here.

I

Even assuming, without deciding, that the district court committed instructional error by giving a de minimis force instruction, any error fails to meet the plain error standard. When viewed as a whole, the jury instructions were not “misleading or inadequate to guide the jury’s deliberation.” United States v. Shryock, 342 F.3d 948, 986 (9th Cir.2003). Further, Maddox’s substantial rights were not affected by any error in the instruction on de min- imis force. He did not demonstrate that it was more probable than not that the jury would have reached a different verdict had it been properly instructed. See United States v. Vonn, 585 U.S. 55 , 62-63, 122 S.Ct. 1043 , 152 L.Ed.2d 90 (2002); Haddad v. Lockheed Calif. Corp., 720 F.2d 1454, 1458-59 (9th Cir.1983).

II

The district court did not abuse its discretion in denying Maddox’s motions for appointment of counsel pursuant to 28 U.S.C. § 1915 (e)(1). See Palmer v.…