Tang

Tang v. City of Westminster

Good Law
92 F. App'x 424
United States Court of Appeals for the Ninth CircuitJanuary 23, 2004No. 01-56613; D.C. No. CV-99-00358-GLTCalifornia587 words

Opinion

Lead Opinion

MEMORANDUM **

The Tangs brought this claim under 42 U.S.C. § 1988 , alleging the violation of their son Tuan’s civil rights by the City of Westminster and the Westminster Police Department (the “Westminster defendants”) and the Orange County Fire Authority (“OCFA”), as well as several individual officers. The Tangs also raised state law claims. In district court, the Tangs contended that the officers’ use of excessive force and failure to provide medical care led to the death of their son, while the Westminster defendants argued that Tang died because of complications from a cocaine overdose. The jury found for the Westminster defendants, and the Tangs brought this appeal. The Tangs also appeal a grant of summary judgment to the OCFA. We affirm both the jury verdict and the grant of summary judgment.

The Tangs first contend that the district court erred by instructing the jury that it was required to find gross negligence. The plaintiffs waived the error, however, by failing to object precisely and specifically before the jury retired to consider its verdict. See Fed.R.Civ.P. 51; Hammer v. Gross, 932 F.2d 842, 847 (9th Cir.1991) (en banc).

The trial court did not abuse its…

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