Hesselbein

MEMORANDUM AND ORDER

After a four-day jury trial, the jury returned a verdict in favor of defendant Elk Grove Police Officer Paul Beckham on plaintiff John Hesselbein’s 42 U.S.C. § 1983 claim for excessive force in violation of the Fourth Amendment. Plaintiff now renews his motion for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(b) and, alternatively, moves for a new trial under Rule 59.

I. The Incident

On January 30, 2011, plaintiff’s ex-wife called for emergency assistance because of a domestic dispute. The information dispatched to the officers about the call indicated that his ex-wife said plaintiff had been drinking and was on parole for murder, which was later corrected to confirm that plaintiff had been convicted of involuntary manslaughter. (Tr. at 154:19-25, 251:5-6.) The officers were also informed that plaintiff was associated with the Sac Town Crips street gang in 1994. (Id. at 197:22-198:9.) When defendant arrived at the scene, plaintiff had voluntarily exited his home and walked into the middle of the street at the demand of other officers. (Id. at 156:8-157:5, 200:8-18.) Prior to plaintiff voluntarily exiting his home, Officer…