Jones

MEMORANDUM **

Betty Jones (“Jones”) appeals the jury verdict for the defendant police officers on her 42 U.S.C. § 1983 claim that the officers violated her Fourth and Fourteenth Amendment rights when they conducted *426 an unreasonable search of her house. We have dealt with the issue of jury instructions in a separate published opinion. This memorandum disposition addresses Jones’s other issue on appeal: alleged attorney misconduct of defense counsel Paul Paquette (“Paquette”).

The defendants argued that Jones waived her misconduct argument when she failed to move for a mistrial before the district court. We disagree. Failure to move for a mistrial is a factor in assessing prejudice, but does not completely bar our review. Bird v. Glacier Elec. Coop., Inc., 255 F.3d 1136, 1145 (9th Cir.2001). In addition, Jones’s attorney objected to each of the alleged instances of misconduct, thus preserving them for appellate review.

Reversal on the grounds of attorney misconduct is rare, and is granted only when the misconduct permeates an entire proceeding such that “the jury was necessarily influenced by passion and prejudice in reaching its verdict.” Cooper v. Firestone Tire & Rubber…