Davis

Davis v. Burks

Good Law
3 F. App'x 617
United States Court of Appeals for the Ninth CircuitFebruary 7, 2001No. 99-55809California699 words

Opinion

Lead Opinion

MEMORANDUM *

Following a tragic series of events, Jody Davis was fatally shot by Long Beach City off-duty police officer Erik Burks. Davis’ next-of-kin brought this Fourth Amendment excessive force case against Defendants under 42 U.S.C. § 1983 . After a six-day trial, where the events leading up to the shooting were thoroughly considered, the jury returned a special verdict finding that, under the circumstances, the force used by Burks was reasonable. The court then entered judgment in favor of Defendants. The district court in a detailed memorandum order denied Plaintiffs’ post-trial motions to amend the judgment under Fed.R.Civ.P. 59(e) or for a new trial under Fed.R.Civ.P. 59(a).

In this appeal, Plaintiffs contend that there was insufficient evidence to support the jury’s verdict, that the district court abused its discretion in denying their mo *619 tions to amend the judgment or grant a new trial, and that the district court committed reversible error in several of its evidentiary rulings. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Because Plaintiffs did not move for judgment as a matter of law at the close of evidence under Fed.R.Civ.P. 50(a), their…

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