Sandberg Ex Rel. Sandberg v. City of Torrance

MEMORANDUM

The appellants brought suit under 42 U.S.C. § 1983 , claiming that the defendant police officers’ use of non-deadly and deadly force resulting in Rodney Sandberg’s death was unconstitutionally excessive. A jury trial commenced, and after both parties had rested, the appellees moved for judgment as a matter of law under Fed. R.Civ.P. 50(a). Even when the evidence was viewed in a light most favorable to the appellants, the district court found the officers’ actions were objectively reasonable and there was no legal basis on which appellants could prevail in their § 1983 claim. Accordingly, judgment as a matter of law was entered for the appellees under Rule 50(a). This appeal followed. We affirm.

The appellants contend the district court erred in entering judgment as a matter of law under Rule 50(a) by concluding there was no legal basis on which a reasonable jury could find the defendant officers used unconstitutionally excessive force in violation of 42 U.S.C. § 1988 . We review a district court’s entry of judgment as a matter of law under Fed.R.Civ.P. 50(a) de novo. Torres v. City of Los Angeles, 548 F.3d 1197, 1205-06 (9th Cir.2008). All evidence must be viewed and…