J. Manuel Morales, Plaintiff-Appellant-Cross-Appellee v. City of San Rafael Daniel Hulett, Defendants-Appellees-Cross-Appellants

Good Law
8 F.3d 28·1993 U.S. App. LEXIS 34372
United States Court of Appeals for the Ninth CircuitSeptember 28, 199391-16109California2,630 words

Opinion

Opinion

8 F.3d 28 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. J. Manuel MORALES, Plaintiff-Appellant-Cross-Appellee, v. CITY OF SAN RAFAEL; Daniel Hulett, Defendants-Appellees-Cross-Appellants. Nos. 91-16109, 91-16234. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1992. Decided Sept. 28, 1993. Before D.W. NELSON and REINHARDT, Circuit Judges, and CALLISTER, * District Judge. MEMORANDUM ** J. Manuel Morales appeals the entry of judgment notwithstanding the verdict (JNOV) on his false-arrest claim under 42 U.S.C. § 1983 and on various state-law claims. Daniel Hulett cross-appeals, contending that the district court failed to rule upon his conditional motion for new trial when it granted JNOV. Because we conclude the district court improperly weighed the credibility of witnesses, we reverse the entry of JNOV. We also conclude that the court did rule upon the motion for new trial. We remand for entry of judgment on the jury's verdict and for…

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