Roberson

MEMORANDUM **

Kevin Roberson appeals pro se following a jury verdict in favor of defendants in Roberson’s 42 U.S.C. § 1983 action alleging violations of the Eighth Amendment and negligence. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Roberson challenges the jury verdict as having no reasonable support in fact and contrary to the law. “[T]o preserve the ability to challenge the sufficiency of the evidence on appeal, a party must [first] move for judgment as a matter of law under Federal Rule of Civil Procedure 50(a) at the close of all evidence.” Humetrix, Inc. v. Gemplus S.C.A., 268 F.3d 910, 923 (9th Cir.2001). Because Roberson did not make his motion until after the jury returned its verdict, judgment as a matter of law was unavailable and was thus properly denied. Janes v. Wal-Mart Stores, Inc., 279 F.3d 883, 886-887 (9th Cir.2002). Even if we were to consider the claim on the merits, there is sufficient evidence to support the jury verdict.

Roberson next argues that the district court erred by not allowing him to impeach the defendants’ credibility by questioning them regarding the circumstances of their termination from the California Department of…