Carlos Johnson v. Grady Way Station LLC

MEMORANDUM

Carlos Johnson appeals pro se the judgment in favor of defendants Grady Way Gas Station and Jay Cramer after a jury trial in Johnson’s 42 U.S.C. §§ 1981 and 1982 action for damages. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review the district court’s formulation of jury instructions for abuse of discretion. Dang v. Cross, 422 F.3d 800, 804 (9th Cir.2005). The district court did not abuse its discretion by refusing to give Johnson’s proposed instruction that use of a racial slur may be considered direct evidence of intent to discriminate. The court’s instructions, as a whole, adequately and correctly stated the law regarding Johnson’s civil rights claim. See Brewer v. City of Napa, 210 F.3d 1093, 1097 (9th Cir.2000) (stating that failure to give a specific instruction is not error when the instructions taken together properly cover the subject); United States v. Marabelles, 724 F.2d 1374, 1382-83 (9th Cir.1984) (“A trial judge is given substantial latitude in tailoring [jury] instructions so long as they fairly and adequately cover the issues presented.”). Nor did the district court abuse its discretion by declining to supplement its…