Byanooni
Byanooni v. City of Los Angeles
Opinion
Lead Opinion
MEMORANDUM **
Abdullah Byanooni appeals the judgment entered after a jury verdict in favor of the defendants in his 42 U.S.C. § 1983 action asserting a substantive due process state created danger claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.
We decline to consider Byanooni’s claim that the district erred by holding that the officers were immune from the state claims pursuant to Cal. Gov’t Code § 821.6. He waived the false imprisonment argument by raising it for the first time on appeal. WildWest Inst. v. Bull, 547 F.3d 1162, 1172 (9th Cir.2008).
Byanooni argues that the district court abused its discretion by excluding his expert testimony that a non-defendant officer negligently investigated the shooting. We review for abuse of discretion and prejudice. Engquist v. Or. Dept. of AgriC., 478 F.3d 985 , 1008-09 (9th Cir.2007), aff'd, - U.S. -, 128 S.Ct. 2146 , 170 L.Ed.2d 975 (2008). In light of the minimal relevance of the evidence and danger of unfair prejudice to the officers, the district court did not abuse its discretion by excluding the evidence.
Finally, Byanooni asserts that the deliberate indifference jury instruction misstated the law or misled…