Bratton

J.M. ex rel. Pineda v. Bratton

Good Law
333 F. App'x 188
United States Court of Appeals for the Ninth CircuitJune 5, 2009No. 07-55070California327 words

Opinion

Lead Opinion

MEMORANDUM ***

J.M., a minor, by and through his next friend Nereyda Pineda, appeals from a final judgment after a jury trial on his § 1983 and state law claims against two Los Angeles Police Department officers. We affirm.

As J.M. had opened the door through his own expert’s testimony about the existence of incidents of aggressive behavior in his medical records, it was not improper for the district court to allow the officers’ expert to give his own assessment. See, e.g., United States v. Kessi, 868 F.2d 1097, 1108 (9th Cir.1989); United States v. Whitworth, 856 F.2d 1268, 1285 (9th Cir.1988). Nor, in any event, was J.M. prejudiced, as the statements simply indicated the general existence of such incidents without specifics. We read Dr. Jacks’s statement about “the biggest chip on your shoulder” to explain the condition (intermittent explosive disorder), not to refer to J.M.’s character. Dr. Jacks did not merely vouch for the credibility of some other witness, therefore J.M.’s vouching argument also fails. See United States v. Finley, 301 F.3d 1000, 1015 (9th Cir.2002).

Even if it were erroneous for the officers’ counsel to ask about the financial impact of an adverse…

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