Jackson v. City of Fresno

MEMORANDUM ***

Appellant Rhonda Denise Jackson was shot by Fresno police officers who were *146 called to her apartment when she threatened to commit suicide with a shotgun. Jackson survived the shooting and brought a civil rights action against the City of Fresno and several individual officers alleging, among other claims, the use of excessive force and a violation of California Civil Code § 52.1 in connection with a search of her apartment. A jury returned a verdict in favor of all Defendants; Jackson now appeals.

On appeal Jackson contends that the district court erred in two respects: (1) in granting Appellees’ motion for judgment on the Section 52.1 claim on the ground that any interference with Jackson’s constitutional rights was not caused by threats, intimidation, or coercion; and (2) in refusing to give a jury instruction to the effect that a citizen’s mere possession of a firearm does not justify an officer’s use of deadly force. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo the grant of a judgment as a matter of law. M2 Software, Inc. v. Madacy Entm’t, 421 F.3d 1073 , 1086 (9th Cir.2005). We review the rejection of a proposed jury…