Jones

MEMORANDUM *

Plaintiffs, the estate of Terry Jones, his wife and his two children, filed this action pursuant to 42 U.S.C. § 1983 and Nevada state law after Terry Jones died while being subdued by corrections officers at the Clark County Detention Center in Las Vegas, Nevada. Plaintiffs appeal from a jury verdict in favor of defendants, Corrections Officer David Devaney and the Las Vegas Metropolitan Police Department (the “Department”). We affirm.

The district court did not abuse its discretion in allowing evidence of Jones’ prior arrests under Federal Rule of Evidence 404(b). See United States v. Danielson, 325 F.3d 1054, 1075 (9th Cir.2003). Plaintiffs put Jones’ motive and intent at issue by arguing that he had been provoked by the officers at the jail and by presenting evidence about his non-violent demeanor when consuming alcohol. Plaintiffs also sought to highlight Jones’ close relationship with his family to establish damages, permitting defendants to present evidence to the contrary. See Halvorsen v. Baird, 146 F.3d 680, 686 (9th Cir.1998). Although the breadth of the documents admitted under Rule 404(b) was excessive, we cannot say that the error “more probably than…