Nicolas Moran v. Debbie Hill

MEMORANDUM

Nicolas Moran appeals pro se from the district court’s order denying his post-judgment motion for a new trial following a jury verdict in his 42 U.S.C. § 1983 action alleging an Eighth Amendment excessive force claim. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion a motion for a new trial. Kode v. Carlson, 596 F.3d 608, 612 (9th Cir.2010) (per curiam). We affirm.

The district court did not abuse its discretion in denying Moran’s motion for a new trial based on defendants’ alleged inconsistent trial testimony because there was substantial evidence supporting the jury’s verdict. See Molski v. M.J. Cable, Inc., 481 F.3d 724, 729 (9th Cir.2007) (“The district court’s denial of the motion for a new trial is reversible only if the record contains no evidence in support of the verdict.”); Watec Co. v. Liu, 403 F.3d 645 , 651 n. 5 (9th Cir.2005) (the credibility of the witnesses and the weight of the evidence are issues for the jury and are generally not subject to appellate review).

The district court did not abuse its discretion in denying Moran’s motions for appointment of counsel because Moran did not demonstrate exceptional…