Roberson

Roberson v. Chelan County

Good Law
1 F. App'x 655
United States Court of Appeals for the Ninth CircuitJanuary 8, 2001No. 98-36043; D.C. No. CV-97-00318-WFNCalifornia396 words

Opinion

Lead Opinion

ORDER

The memorandum disposition which was filed November 9, 2000 is amended and therefore the petition for rehearing is denied.

AMENDED MEMORANDUM

Robert Roberson appeals the district court’s amended judgment setting aside the jury award of $231,000 and awarding nominal damages in the amount of $1.00 on his claim under 42 U.S.C. § 1983 that Che-lan County and Chelan County Jail violated his civil rights by failing to protect him during his incarceration. He also appeals the district court’s denial of his motion for reconsideration of the above judgment, *656 and the district court’s order denying his motion for attorney’s fees. Because Roberson’s appeal of the amended judgment is dispositive, we need not address the other claims at this time.

This court reviews the district court’s grant of a renewed motion for judgment as a matter of law de novo. Weiner v. San Diego County, 210 F.3d 1025,1028 (9th Cir.2000).

Judgment as a matter of law is proper if the evidence, construed in the light most favorable to the nonmoving party permits only one reasonable conclusion, and that conclusion is contrary to the jury’s verdict. Gilbrook v. City of Westminster, 177 F.3d 839, 864 (9th…

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