Donald Gravelet-Blondin v. Jeff Shelton

MEMORANDUM

Donald Gravelet-Blondin (“Blondín”) brought suit against defendants Sergeant Jeff Shelton and the City of Snohomish (“the City”) claiming, inter alia, that the defendants violated his Fourth Amendment rights when Sergeant Shelton tased and arrested Blondin during a response to a 911 call of an armed-suicide-in-progress. The district court granted summary judgment for the defendants on all claims. Gravelet-Blondin v. Shelton, No. C09-1487RSL, 2012 WL 395428 , at *11 (W.D. Wash. Feb. 6, 2012). We reversed, holding that there were issues of fact on Blondin’s excessive force and unlawful arrest claims, and that qualified immunity did not apply. Gravelet-Blondin v. Shelton, 728 F.3d 1086, 1100 (9th Cir. 2013). On remand, the district court held a two-week jury trial. The jury found for Sergeant Shelton and the City on all claims. Blondín appeals, contending that the district court erred in denying his renewed motion for judgment as a matter of law and erred in instructing the jury. We affirm.

First, the outcome of our earlier panel opinion does not control the outcome here. In our prior opinion reviewing the district court’s grant of summary judgment for the defendants, we…