Bradley W. Ellien v. City of San Jose Paul Salerno

968 F.2d 1220 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Bradley W. ELLIEN, Plaintiff-Appellee, v. CITY OF SAN JOSE; Paul Salerno, Defendants-Appellants. No. 91-15943. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 9, 1992. Decided July 15, 1992. Before ALARCON, CYNTHIA HOLCOMB HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 The City of San Jose and San Jose Police Officer Paul Salerno (hereinafter "appellants") appeal from the district court's award of $8000 in damages to Bradley Ellien. Appellants contend that the district court erred in awarding damages to Ellien and denying its motion for JNOV. They assert that there was insufficient evidence to support the jury's finding that Officer Salerno acted negligently. Appellants make three separate arguments in support of this contention: 3 One. The jury's verdict was not supported by substantial evidence as a matter of law. The jury based its finding on the erroneous belief that Salerno…