Rippey

MEMORANDUM *

This case involves a 42 U.S.C. § 1983 excessive force claim against California Highway Patrol officers who shot and killed Dennis H. Rippey’s son after an extended car chase. Rippey appeals the district court’s in limine order excluding evidence concerning whether Rippey’s son was armed or not at the time of the shooting and the court’s denials of Rippey’s motions for mistrial after the defendants violated the order in closing arguments to the jury. We conclude that Rippey waived the first issue and that the district court did not abuse its discretion regarding the second. Accordingly, we affirm.

Defendants filed a motion in limine asking the court to exclude any evidence showing that Rippey’s son had been unarmed. Rippey filed no written opposition and offered no arguments when the district court ruled on the motion. Moreover, the record shows that Rippey agreed with the defendants’ argument that evidence concerning whether Rippey’s son was armed or not was not relevant to the case. 1 The court granted the motion and Rippey acceded without objection. By failing to object or offer opposing arguments, Rippey plainly waived the issue. 2 We will not consider on appeal,…