Montiel v. City Of Los Angeles

2 F.3d 335 26 Fed.R.Serv.3d 832 , 37 Fed. R. Evid. Serv. 1008 Michael A. MONTIEL, Plaintiff-Appellant, v. CITY OF LOS ANGELES; L.A. Police Sergeant S. Alvarez, Los Angeles Police Officers Charles L. Scott, Amy Nelson, Stanley K. Morishima, and Richard J. Mercado, Defendants-Appellees. No. 92-55157. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 9, 1993. Decided Aug. 30, 1993. John C. Burton, Burton & Norris, Pasadena, CA, for plaintiff-appellant. Gregory P. Orland, Deputy City Atty., Los Angeles, CA, for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before: BROWNING, BRIGHT * , and TANG, Circuit Judges. BRIGHT, Senior Circuit Judge: 1 Michael Montiel brought a Sec. 1983 action against the City of Los Angeles (the City) and various Los Angeles Police Department (LAPD) officers, alleging they violated his first, fourth, fifth, ninth, thirteenth and fourteenth amendment rights by wrongfully arresting him and using excessive force against him. The case went to trial and the district court subsequently granted judgment as a matter of law to the City and one of the officers. The jury returned a…