Burgess

Burgess v. Carmichael

Good Law
224 F. App'x 701
United States Court of Appeals for the Ninth CircuitMarch 16, 2007No. 05-17030California262 words

Opinion

Lead Opinion

MEMORANDUM ***

Cathy Burgess appeals pro se from a magistrate judge’s judgment entered after a jury returned a verdict for county officials in Burgess’s action alleging that defendants discriminated against her, in violation of Title II of the Americans with Disabilities Act, 42 U.S.C. § 12132 , when they filed a juvenile dependency petition challenging Burgess’s custody over her two children. We have jurisdiction pursuant to 28 U.S.C. § 636 (c)(3). We affirm.

Where, as here, a party fails to move for judgment as a matter of law under Fed. R.Civ.P. 50(b), we reverse a jury’s verdict only where there is plain error that would result in a “manifest miscarriage of justice.” Janes v. Wal-Mart Stores Inc., 279 F.3d 883, 888 (9th Cir.2002) (internal quotation marks and citation omitted). On this record, we would affirm the jury’s verdict even under a substantial evidence standard of review.

We do not reach Burgess’s remaining contentions because she has not demonstrated that she raised them in the district court, where she was represented by counsel. See Los Angeles News Serv. v. Reuters Television Int’l, Ltd., 149 F.3d 987 , 996 (9th Cir.1998) (“We will not take up an issue not…

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