Marlene Eberle, and Robert Kiser v. City of Anaheim Anaheim Police Department P. Shepard Hagenson Monsoor

Appellant Robert Kiser (“Kiser”) appeals from a judgment entered on a jury verdict in favor of certain officers of the Anaheim City Police Department (“appellees”) in this action brought under 42 U.S.C. § 1983 . Kiser claims the officers violated his civil rights under the Constitution by arresting him without probable cause and by using excessive force in effecting his arrest. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

FACTS AND PROCEEDINGS

Kiser, a San Francisco Forty-Niner football fan, attended a football game between the Forty-Niners and the Los Angeles Rams at Anaheim Stadium in Anaheim, California. He was accompanied by his wife, Claudia, and their friends, Peter and Marlene Eberle. At the game, Kiser and his group took their seats amid a group of predominantly Ram fans.

During the game, Officers David Mons-oor and Ty Hagenson responded to a radio call of a disturbance in the area of the stadium where Kiser was seated. An usher told the officers there were two men in the stands being belligerent, using foul language, and making rude hand gestures toward the crowd. The usher also told the officers he thought they should take some action, otherwise a…