Frederick Jackson v. G. Lombardi

MEMORANDUM

Gerald Lombardi appeals the district court’s partial denial of his renewed mo tion for judgment as a matter of law under Federal Rule of Civil Procedure 50(b) in Frederick Jackson’s 42 U.S.C. § 1983 action. Lombardi also appeals the district court’s denial of his motion for a new trial.

Jackson cross-appeals the district court’s partial grant of the officers’ motion for judgment as a matter of law on the grounds that qualified immunity barred Jackson’s Fourth Amendment claims. Jackson also appeals the district court’s order denying costs to both parties.

We have jurisdiction under 28 U.S.C. § 1291 . We review de novo an order granting or denying judgment as a matter of law. Lawson v. Umatilla Cnty., 139 F.3d 690 , 692 (9th Cir.1998). We review for abuse of discretion an order denying a motion for a new trial. Kode v. Carlson, 596 F.3d 608, 611 (9th Cir.2010). We review de novo who is a “prevailing party,” La Asociacion de Trabajadores de Lake Forest v. City of Lake Forest, 624 F.3d 1083, 1089 (9th Cir.2010), but review the award or denial of costs under Federal Rule of Civil Procedure 54(d)(1) for abuse of discretion, Champion Produce, Inc. v. Ruby Robinson Co.,…