Smith v. California

MEMORANDUM ***

California state prisoner Gregory Leroy Smith appeals pro se from the district *180 court’s judgment following a jury trial in his 42 U.S.C. § 1983 action alleging that prison officials used excessive force in restraining him. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a judgment on the pleadings. Weeks v. Bayer, 246 F.3d 1231, 1234 (9th Cir.2001). We review whether substantial evidence supports the jury’s verdict. Watec Co., Ltd. v. Liu, 403 F.3d 645 , 651 n. 5 (9th Cir.2005). We affirm.

The district court properly granted judgment on the pleadings with respect to the claims against the County of San Diego because Smith failed to allege the existence of any unconstitutional policy or custom. See Hart v. Parks, 450 F.3d 1059, 1071 (9th Cir.2006) (explaining that municipal liability under § 1983 exists only for constitutional violations occurring pursuant to an official government policy or custom).

The jury’s verdict was supported by testimonial evidence that force was used only after Smith challenged Deputy Ausler’s authority, repeatedly refused to follow his legitimate orders, and then threatened to assault him physically. See Pavao v.…