Jimenez

Jimenez v. Franklin

Good Law
333 F. App'x 299
United States Court of Appeals for the Ninth CircuitOctober 1, 2009Nos. 07-56149, 07-56545California342 words

Opinion

Lead Opinion

MEMORANDUM *

John Franklin, Ryan Bergner, Gabriel Frank Gonzalez, and Gilbert Duron appeal *300 the jury’s verdict in favor of Anthony Albert Jimenez, who alleged in a 42 U.S.C. § 1988 that the appellants used excessive force to restrain Jimenez on three occasions while he was in pretrial detention. The appellants also appeal (1) the district court’s evidentiary rulings concerning Jimenez’s and Gonzalez’s prior felony convictions, (2) the district court’s denial of the appellants’ motion for a new trial, and (3) the district court’s award of costs and fees to Jimenez. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We need not decide whether the district court erred by instructing the jury using the objective-reasonableness standard for excessive force involving a pretrial detainee because, even if the district court did err, the error was harmless on the facts of this case. Brecht v. Abrahamson, 507 U.S. 619, 628 , 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993). See also Graham v. Connor, 490 U.S. 386, 396-99 , 109 S.Ct. 1865 , 104 L.Ed.2d 448 (1989); Gibson v. County of Washoe, 290 F.3d 1175, 1197 (9th Cir.2002).

The district court did not abuse its discretion by…

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