Mosqueda

Mosqueda v. County of Los Angeles

Good Law
171 F. App'x 16
United States Court of Appeals for the Ninth CircuitMarch 10, 2006No. 03-55989California576 words

Opinion

Lead Opinion

MEMORANDUM **

Shane Mosqueda appeals the judgment entered in favor of the County of Los Angeles and its deputies following a jury trial in Mosqueda’s action alleging violations of his civil rights for unlawful arrest, excessive force, and malicious prosecution under 42 U.S.C. § 1983 ; and conspiracy under 42 U.S.C. § 1985 (2) and (3). We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

The district court did not plainly err in conducting the voir dire at the trial. Plain error is “(1) error, (2) that is plain, and (3) affects substantial rights.” Jones v. United States, 527 U.S. 373, 389 , 119 S.Ct. 2090 , 144 L.Ed.2d 370 (1999). An error affects substantial rights when it was “prejudicial” and “affect[s] the outcome of the district court proceedings.” United States v. Olano, 507 U.S. 725, 734 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993). We need not reach the question of whether the district court committed error because Mosqueda did not establish that the alleged defects in the voir dire examination affected his substantial rights. He relies only on speculation, which is not sufficient to satisfy the…

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