Morgan

Morgan v. Doran

Good Law
308 F. App'x 231
United States Court of Appeals for the Ninth CircuitJanuary 15, 2009No. 07-15460California436 words

Opinion

Lead Opinion

MEMORANDUM **

Jonathan Morgan appeals pro se from the district court’s judgment in favor of the defendants following a jury trial in Morgan’s 42 U.S.C. § 1983 action alleging excessive force and deliberate indifference to medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

The district court did not abuse its discretion when it excluded the medical records and drawing because Morgan failed to authenticate that evidence. See Fed. R.Evid. 803(6), 901(a); United States v. Pang, 362 F.3d 1187, 1192 (9th Cir.2004) (‘We may affirm an evidentiary ruling on any ground supported by the record, regardless of whether the district court relied on the same grounds or reasoning we adopt.”); Tritchler v. County of Lake, 358 F.3d 1150, 1155 (9th Cir.2004) (reviewing for abuse of discretion a district court’s evidentiary rulings).

The ruling, made in relation to the cross-motions for summary judgment, that the medical records could be considered as non-hearsay under Federal Rule of Evi *232 dence 808(6), did not render the medical records admissible at trial. See Celotex Corp. v. Catrett, 477 U.S. 317, 324 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986); Canada v. Blain’s…

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