Martineau v. City of Cypress

95 F.3d 1158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dale William MARTINEAU, Plaintiff-Appellant, v. CITY OF CYPRESS, a municipal corporation; City of Riverside, a municipal corporation; City of Santa Ana, a municipal corporation, Defendants-Appellees. No. 95-55843. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 5, 1996. Decided Aug. 27, 1996. Before: D.W. NELSON, T.G. NELSON and THOMAS, Circuit Judges. 1 MEMORANDUM * 2 Appellant Dale William Martineau appeals the district court's denial of a motion for a directed verdict on the question of deadly force by police officers involved in his arrest; failure to give appellant's proposed jury instruction on the use of deadly force; exclusion of evidence regarding the seriousness of dog bites; and entry of judgment in favor of the City following the jury's exoneration of the individual police officers involved. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 Appellant…