Smith v. City of San Bernardino

MEMORANDUM *

Jonathan Smith (“Smith”) appeals the district court’s grant of a directed verdict in favor of Officer David Green (“Green”) in Smith’s claim, brought under 42 U.S.C. § 1983 , that Green violated his Fourth Amendment rights by using unjustified deadly force to apprehend Smith following an armed robbery. Smith bases his claim on injuries he received after Green shot at him twenty-one times following a high-speed chase in which Smith fired gunshots at Green from the passenger side of a vehicle fleeing an armed robbery. The district court granted Green’s motion for a directed verdict after concluding that, as a matter of law, Green’s use of force was justified and that no reasonable jury could conclude otherwise. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s granting of a motion for judgment as a matter of law de novo. Horphag Research Ltd. v. Pellegrini, 337 F.3d 1036, 1040 (9th Cir.2003). We affirm.

Under Rule 50(a), trial court must direct a verdict if, under governing law, there can be but one reasonable conclusion as to that verdict. Anderson v. Liberty Lobby, Inc., 477 U.S. 242 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986). The…