Webb

Webb v. Sloan

Good Law
64 F. App'x 657
United States Court of Appeals for the Ninth CircuitMay 29, 2003No. 01-16969California463 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff David Q. Webb obtained an $80,000 jury verdict in this civil rights action against Carson City, Nevada, after he was prosecuted without probable cause for obstruction of justice. Defendant Carson City appealed in case No. 01-16855; Plaintiff cross-appealed, filing a pro se brief that alleges 12 claims of error. We resolved Carson City’s claims in a separate published opinion.

Plaintiff’s first claim alleges unlawful arrest. Construing this allegation either as a challenge to the jury’s verdict in favor of Deputy Sloan, or as a challenge to the district court’s ruling on the Rule 50(a) motion in favor of Carson City, it must fail.

Plaintiffs version of the arrest and Deputy Sloan’s version of the arrest conflicted. The jury accepted Deputy Sloan’s version of events, which was supported by substantial evidence. See Hines v. Gomez, 108 F.3d 265, 267 (9th Cir.1997) (stating standard of review).

Similarly, the district court correctly granted the Rule 50(a) motion on behalf of Carson City on the theory that municipal liability could not attach for the isolated action of a police officer in the field. Plaintiff presented no evidence to show *658 that street…

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