John Gersboll Samantha Gersboll v. City of Los Angeles

48 F.3d 1227 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John GERSBOLL; Samantha Gersboll, Plaintiffs-Appellants, v. CITY OF LOS ANGELES, et al., Defendants-Appellees. No. 93-55884. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 6, 1995. Decided Feb. 23, 1995. Before: FERGUSON, BEEZER, and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 John and Samantha Gersboll appeal the district court's denial of their motion for a new trial and the special verdict reached in their original 42 U.S.C. Sec. 1983 action brought against the City of Los Angeles, the Los Angeles Police Department, and various police officers, alleging excessive force while executing a search warrant of their home. We affirm. 3 The Gersbolls claim that the district court erred in denying their motion for a new trial. They assert that the defense counsel's misconduct in his examination and cross-examination of witnesses prejudiced the outcome of their original trial. A new trial is only…