Michael Duboise Carter v. City of National City Michael King, Officer, National City Police Department Does 1 Through X, Inclusive
Opinion
Opinion
29 F.3d 630 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael Duboise CARTER, Plaintiff-Appellant, v. CITY OF NATIONAL CITY; Michael King, Officer, National City Police Department; Does 1 Through X, inclusive, Defendants-Appellees. No. 93-55182. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 8, 1994. Decided June 22, 1994. Before: FARRIS, O'SCANNLAIN, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Michael Carter appeals from the jury verdict in favor of the City of National City in his 42 U.S.C. Sec. 1983 suit alleging the use of excessive force in effecting an arrest. We affirm. 3 * Carter argues that the district court abused its discretion by instructing the jury on self-defense and negligence because these instructions required the jury to evaluate King's actions from a subjective rather than objective perspective, contrary to Graham v. Connor, 490 U.S. 386 (1989). 4 This claim has no merit. Neither instruction required the jury to…