Nathaniel Willingham v. City of San Leandro

MEMORANDUM

Nathaniel Jerome Willingham appeals pro se from the district court’s judgment after a jury trial in his 42 U.S.C. § 1983 action alleging, inter alia, that police officers lacked probable cause to arrest him for public intoxication. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo an order for judgment as a matter of law. Torres v. City of L.A., 548 F.3d 1197, 1205 (9th Cir.2008). We review for prejudice the denial of requested jury instructions. Criswell v. Western Airlines, Inc., 709 F.2d 544, 552 (9th Cir.1983). We review for sufficiency of evidence a jury’s verdict. Watec Co., Ltd. v. Liu, 403 F.3d 645 , 651 n. 5 (9th Cir.2005). We review for an abuse of discretion evidentiary rulings. Tritchler v. County of Lake, 358 F.3d 1150, 1155 (9th Cir.2004). We affirm.

Willingham contends in error that the district court dismissed counts three and four of his Amended Complaint; it did not.

The district court properly denied Willingham’s motion for judgment as a matter of law. Under California Penal Code section 647(f), officers may arrest a suspect whenever they have probable cause to believe he violated the statute regardless of whether or not the…