Stansberry

Stansberry v. County of Ventura

Good Law
240 F. App'x 764
United States Court of Appeals for the Ninth CircuitJuly 13, 2007No. 05-55711California593 words

Opinion

Lead Opinion

MEMORANDUM **

On appeal, Teresa Stansberry and her mother Cheryl Stansberry (collectively, “Stansberrys”) argue, inter alia, that the district court erred when it (1) granted judgment as a matter of law in favor of the defendants, (2) denied Stansberrys’ motion for leave to amend their complaint; (3) refused to admit an Internal Affairs report about the incident generating this lawsuit; (4) permitted the defendants’ expert witness to testify; and (5) failed to provide a pretrial order. We disagree.

1. Balancing the nature and quality of the alleged intrusion on Stansberrys’ Fourth Amendment interests against the countervailing governmental interests at stake, no rational trier of fact could have determined that the officers’ use of force— both during and after the altercation — was unreasonable. See Jackson v. City of Bremerton, 268 F.3d 646, 652-53 (9th Cir.2001). Stansberrys’ evidence adduced to demonstrate a constitutional violation was woefully inadequate to support any verdict in their favor. Thus, neither the officers, nor the County of Ventura, can be held liable under 42 U.S.C. § 1983 . See id. at 653-654 .

*765 2. The district court did not abuse its discretion when it…

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