Piggue

Piggue v. Glendale Police Dept.

Good Law
252 F. App'x 861
United States Court of Appeals for the Ninth CircuitNovember 1, 2007No. 06-55087California492 words

Opinion

Lead Opinion

MEMORANDUM *

Manuel Piggue (“Piggue”) appeals from the district court’s denial of his motion for a new trial. He also challenges the sufficiency of evidence underlying the jury’s verdict and what he alleges was an error in the special verdict form. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Piggue contends that it was improper for the trial court to dismiss his motion for a new trial, because the evidence was overwhelmingly in his favor. We afford “great deference to Rule 59 rulings from the district court,” Saman v. Robbins, 173 F.3d 1150 , 1154 n. 4 (9th Cir.1999), and strictly construe the requirement that only a record that contains no evidence in support of the verdict merits reversal. See Landes Construction Co., Inc. v. Royal Bank of Canada, 833 F.2d 1365, 1372 (9th Cir. 1987).

Although Piggue presented testimony that could have led to a verdict in his favor, there was sufficient evidence to support the jury’s verdict that Officer Mendoza’s use of force was justified by an objectively reasonable belief that Piggue was about to attack Officer Chacon. The officers arrived at the scene in response to a disturbance call regarding a black male named…

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