Kyllingstad

Kyllingstad v. Town of Camp Verde

Good Law
243 F. App'x 226
United States Court of Appeals for the Ninth CircuitJune 14, 2007No. 05-15962California633 words

Opinion

Lead Opinion

MEMORANDUM *

Steven D. Kyllingstad (“Kyllingstad”) filed claims against the Town of Camp Verde (“Camp Verde”) and individual officers under 42 U.S.C. § 1983 and Arizona state tort law arising from his arrest, detention, and indictment for custodial interference. A jury found for Kyllingstad and awarded him damages. Kyllingstad appeals the district court’s vacation of the jury verdicts and awards with respect to his section 1983 claim and state law tort claims arising from his arrest. We have jurisdiction under 28 U.S.C. § 1291 and now reverse.

“[W]e do not lightly cast aside the solemnity of the jury’s verdict.” Graves v. City of Coeur D’Alene, 339 F.3d 828 , 844 (9th Cir.2003). The verdicts make clear that the jury found no probable cause for Kyllingstad’s arrest. This finding must be upheld if “reasonable persons might reach different conclusions on the facts.” Id. at 845 n. 21. We do not overturn a jury’s verdict on qualified immunity unless it is “quite clear that the jury ... reached a seriously erroneous result.” Settlegoode v. Portland Pub. Schs., 371 F.3d 503, 513 (9th Cir.2004) (internal quotation marks omitted).

The district court erred in overturning the jury’s…

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