MacGregor

MEMORANDUM **

Sean Burton MacGregor appeals the district court’s judgment on a jury verdict in favor of defendants and subsequent denial of a motion for new trial. We affirm.

None of the district court’s evidentiary rulings constituted an abuse of discretion. First, the prior citizen complaints filed against Officer Collins were both irrelevant — because they did not concern violent behavior and thus would not have put Commander Madigan on notice of any violent propensities — and unduly prejudicial. Nothing in Madigan’s testimony “opened the door” to introduction of the complaints as impeachment evidence. Second, the booking photograph admitted as Exhibit 225 was properly authenticated by Officer Green. Third, the fact that MacGregor was neither charged with nor convicted of a violation of California Penal Code § 148 was not relevant to MacGregor’s claim of excessive force by Officer Collins. See Smith v. City of Hemet, 394 F.3d 689, 695-99 (9th Cir.2005) (en banc).

The district court also acted within its discretion in denying MacGregor’s motion for a new trial. First, MacGregor presented no evidence nor sought to introduce any expert qualified to express an opinion that…