Bailey

This is an appeal from a verdict and an award of attorneys’ fees in an action for excessive force under 42 U.S.C. § 1983 and for negligence under California state law. The case arises from an episode in which the defendants, County of Riverside deputy sheriffs Frank Tiburzio and Gary Colbert, forcibly ejected the plaintiff, Ronald O. Bailey, from an adult bookstore and arrested him.

The principal issue on the merits relates to the sufficiency of the evidence supporting the jury’s negligence verdict in favor of the plaintiff. The defendants also contend the motion for attorneys’ fees was untimely. We affirm both the judgment and award of fees.

The jury found that the defendants violated the plaintiffs civil rights by using excessive force during his arrest, and that the defendants were negligent. The jury awarded separate damages on each of the claims. The defendants argue that there was not substantial evidence to support the award of damages on a negligence theory, over and above damages already awarded for excessive force. A jury’s verdict must be upheld if supported by “substantial evidence.” See Pavao v. Pagay, 307 F.3d 915, 918 (9th Cir.2002). Substantial evidence is…