Brian Larson v. Ronald Neimi

Ronald Neimi, a sergeant with the California Highway Patrol, appeals from the order denying a new trial and from the judgment against him after a jury found him liable for the false arrest of Brian Larson. Neimi contends that the district court should have instructed the jury on the standard for general Fourteenth Amendment substantive due process claims rather than on the more specific standard for Fourth Amendment claims. He also contends that the court should not have resubmitted an apparently inconsistent verdict to the jury. We affirm.

BACKGROUND

On March 10, 1990, two tour buses collided in a snow storm on Highway 80 outside of Truckee, California. The driver of one of the buses was injured. Neimi responded to the scene in order to manage the situation and supply aid to the injured driver. While he was doing so, a passenger became vocal and engaged in a shoving match with Neimi. Then another passenger joined the vocal one. Neimi decided that as soon as he had a free moment he would arrest both of them for obstructing an officer. When that moment came, he arrested the other person. He also arrested Larson. Unfortunately, Larson was the wrong man. He told Neimi that, and…