Lvmpd

MEMORANDUM

The estate of William Lomax brought this action alleging strict products liability causes of action under Nevada law and excessive force claims under 42 U.S.C. § 1983 based on his death in February 2004 following an incident involving the use of a taser. Plaintiffs appeal the district court’s decisions excluding the testimony of expert Brett Woodard, granting summary judgment in favor of defendant Taser International, Inc., and granting summary judgment in favor of defendants Reggie Rader and the Las Vegas Metropolitan Police Department. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not abuse its discretion in excluding Woodard’s testimony under Federal Rule of Evidence 702. Woodard failed to examine any relevant studies or other materials, and was unaware that any taser studies had been conducted on humans or animals. The court reasonably concluded that he lacked an objective basis for his opinion regarding the physiological effects of the taser.

Without the excluded expert testimony, plaintiffs’ evidence does not create a genuine issue of fact as to whether the taser was a substantial factor in causing Lo-max’s death. See Price…