Borck

MEMORANDUM ***

The City of Los Angeles (“City”) appeals the district court’s amended order granting plaintiff Melissa Borck’s motion for a new trial on the issue of damages. We have jurisdiction under 28 U.S.C. § 1292 (b). We vacate and remand.

This Court reviews for an abuse of discretion an order granting a new trial under Rule 59 of the Federal Rules of Civil Procedure. United States v. 4.0 Acres of Land, 175 F.3d 1133, 1139 (9th Cir.1999).

The City asserts that the district court erred in granting Borck’s motion for a new trial on the issue of damages because the jury did not find in Borck’s favor on the issue of liability. We agree.

The court instructed the jury that to establish municipal liability under 42 U.S.C. § 1983 Borck was required to show that she was deprived of her constitutional rights and that a custom or policy of the City was the proximate cause of the deprivation. This was a correct instruction on the elements of municipal liability under § 1983. Cornejo v. County of San Diego, 504 F.3d 853 , 855 n. 4 (9th Cir.2007) (citing Monell v. Dep’t of Soc. Serv., 436 U.S. 658, 690-91 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978)).

*439 The verdict form required the…