Eric Fikes v. John Cleghorn B. Cervantes Sgt. Lewis, City of Corona Police Department Officer Melendez

I.

Eric Fikes appeals a district court judgment, entered upon a jury verdict, denying his claim for relief under 42 U.S.C. § 1983 . Fikes argues that the district court erred in instructing the jury regarding the use of excessive force by police officers. He also contends that the district judge who initially presided over his case issued an illegal standing order requiring counsel for plaintiff and defendants to file a joint set of jury instructions. We reject Fikes’ arguments and affirm the district court’s judgment.

II.

This case arises out of Fikes’ arrest by members of the Corona, California, police force. In June of 1991, two Corona police officers pursued Fikes by automobile and then on foot into a walled-in cul-de-sac. Fikes was attempting to scale the wall when one police officer reached him. The officer pulled him off the wall and onto the ground so that he was lying face-down on the ground and kicking behind himself at the officer. Having Fikes thus situated, the officer handcuffed him. At some point during the course of the arrest, the officer released his police dog from his car by use of a remote control device. The dog went to Fikes and bit him on the shoulder…