Mario Peraza v. Paul Delameter, James Keane, and City of Santa Monica

Peraza appeals the judgment rendered against him on his 42 U.S.C. § 1983 action seeking damages for injury sustained when the Santa Monica police allegedly used excessive force to arrest him. Peraza contends that four instances of reversible error were committed by the trial court. We affirm.

1. Admission of the Canine Policy

The district judge did not abuse his discretion when he admitted the Santa Monica Police Department’s Canine Policy into evidence over Peraza’s objection. The City did not conceal it or unduly surprise Peraza with the policy. The policy is a matter of public record. In an answer to an interrogatory in which the plaintiff asked the City to provide a copy of the policy if one existed, the City responded that one was “attached.” The City’s attorney testified that, to her knowledge, a copy was sent to Pera-za. The policy was included with the bundle of defense exhibits provided to Peraza’s counsel. Peraza should have moved to compel production because the interrogatory was adequate notice of the policy’s existence, even if we assume he did not receive it. Also, there is a presumption of delivery upon mailing. See Fed.R.Civ.P. 5(b). We simply cannot agree that…