Lifton
Lifton v. City of Vacaville
Opinion
Lead Opinion
MEMORANDUM **
Doron Lifton (“Lifton”) was shot and killed by Vacaville and Fairfield police officers. Lifton’s mother (“Mrs.Lifton”) filed suit against the officers alleging a variety of claims, including state tort claims, claims based on the California constitution, and a federal § 1983 claim based on the Fourth Amendment. The jury ultimately returned a verdict for Mrs. Lifton on the state tort law claims and awarded approximately $850,000. The officers appeal on several grounds, and Mrs. Lifton cross-appeals.
A. The Officers’Appeal
1. Denial of Rule 50 Motions
The officers appeal the denial of their post-trial motion for judgment as a matter of law under Rule 50.
*649 a. The officers argue that they owed no legal duty of care to Lifton. The officers failed to raise this issue before submission of the case to the jury. See Fed.R.Civ.P. 50(a)(2). “In general, the requirement that the motion be made at the close of all the evidence is to be strictly observed.” Farley Transp. Co. v. Santa Fe Trail Transp. Co., 786 F.2d 1342, 1346 (9th Cir.1986); see also Desrosiers v. Flight Int’l Inc., 156 F.3d 952 , 956-57 (9th Cir.1998) (suggesting that when a party fails to comply with…