Duplessis

MEMORANDUM **

Michael Duplessis appeals the district court’s judgment, after a jury trial, in his action against Los Angeles police officers alleging excessive force in violation of 42 U.S.C. § 1983 and California state law claims.

At the close of plaintiffs case, the district court granted judgment as a matter of law on Duplessis’ intentional infliction of emotional distress claim and “torts in essence” claim. There was no error in the dismissal of the intentional infliction of emotional distress claim because the alleged conduct was not sufficiently outrageous to inflict the requisite degree of distress. See Agarwal v. Johnson, 25 Cal.3d 932, 946, 160 Cal.Rptr. 141 , 603 P.2d 58 (1979).

The district court also dismissed Duplessis’ “torts in essence” claim which, under California law, requires demonstration of a statutory violation. Cal. Evid. Code § 669 (2001). At most, Duplessis established violation of the statutory prohibition against filing a false police report. See Cal.Penal Code § 118.1 (2001). However, he did not demonstrate, as also required by California law, that this violation caused an injury of the type the statute was intended to prevent. See Michael R. v.…