Jude Nwandu v. v. Bach
Opinion
Opinion
MEMORANDUM
Jude P. Nwandu (“Nwandu”) appeals pro se a district court judgment following a jury trial in which the jury returned a special verdict denying his claims for excessive force under the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
Nwandu argues that the district court erred by allowing the jury to view Exhibit G, the video-taped interview in which he alleges he was beaten by prison officials. A district court’s evidentiary decisions are reviewed for abuse of discretion. Harper v. City of Los Angeles, 533 F.3d 1010, 1030 (9th Cir.2008).
The district court did not abuse its discretion when it admitted the recorded interview because the person who operated the camera authenticated the recording and testified that a proper chain of custody was followed after the interview concluded. Nwandu failed to rebut the testimony authenticating the recording and has offered no argument or evidence to support the conclusion that the district court abused its discretion in admitting the recording. Admitting the recording was not an abuse of discretion. See Harper, 533 F.3d at 1030 .