Wallace

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES D. WALLACE,  No. 03-56552 Plaintiff-Appellant, D.C. No. v.  CV-01-00703-

CITY OF SAN DIEGO; CITY OF SAN JM/RBB

DIEGO POLICE DEPARTMENT,

OPINION

Defendants-Appellees.  Appeal from the United States District Court for the Southern District of California Jeffrey T. Miller, District Judge, Presiding

Argued and Submitted May 4, 2005—Pasadena, California

Filed August 25, 2006

Before: James R. Browning, Raymond C. Fisher, and Jay S. Bybee, Circuit Judges.

Opinion by Judge Browning; Dissent by Judge Bybee

10171 WALLACE v. CITY OF SAN DIEGO 10175

COUNSEL

Carolyn Chapman, Coronado, California, for the appellant.

Mark Stiffler, Deputy City Attorney, San Diego, California, for the appellee.

OPINION

BROWNING, Circuit Judge:

Plaintiff-Appellant James D. Wallace appeals the district court’s order granting the Defendant-Appellee City of San Diego’s (“City”) motion for judgment as a matter of law and conditionally granting a new trial. The district court issued its order after a jury found that the City retaliated against Wal- lace in violation of the…