J.R.

J.R. Ex Rel. Dickson v. City of San Bernardino

Good Law
374 F. App'x 755
United States Court of Appeals for the Ninth CircuitMarch 31, 201007-56375, 08-55102California605 words

Opinion

Opinion

MEMORANDUM

The City of San Bernardino appeals following a jury verdict awarding damages and punitive damages for excessive force used by San Bernardino police officers in arresting the plaintiffs. We affirm.

Assuming for the purposes of discussion that the district court abused its discretion by admitting the evidence that the district attorney declined to prosecute, there was no prejudice. See City of Long Beach v. Standard Oil Co. of Cal., 46 F.3d 929, 936 (9th Cir.1995). The jury concluded that the plaintiffs shared responsibility for their injuries, and that W.R.’s arrest was not unlawful.

When reviewing whether for sufficiency of the evidence, we “must view all evidence in the light most favorable to the nonmoving party, draw all reasonable inferences in the favor of the non-mover, and disregard all evidence favorable to the moving party that the jury is not required to believe[.]” Harper v. City of L.A., 533 F.3d 1010, 1021 (9th Cir.2008). We must uphold a jury’s verdict if there “is evidence adequate to support the jury’s conclusion, even if it is also possible to draw a con trary conclusion[.]” Id. (internal quotation marks and citation omitted). Applying this standard,…

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