Lewis
Lewis v. County of Riverside
Opinion
Lead Opinion
MEMORANDUM **
Sharon Lewis (“Lewis”) appeals the district court’s judgment for defendant Deputy Matthew Hunter (“Hunter”) after a jury trial in Lewis’s 42 U.S.C. § 1983 action against Hunter for excessive force in the fatal shooting of her husband Brian Lewis (“Mr. Lewis”).
Appellee’s jurisdictional and procedural arguments are unavailing. This court has jurisdiction to review the appeal, which was timely filed pursuant to Federal Rule of Appellate Procedure 4(a)(4)(B)(i). An adequate record was designated pursuant to Federal Rule of Appellate Procedure 10(b)(2).
*9 We uphold a jury’s verdict if it is supported by “substantial evidence,” which is evidence “adequate to support the jury’s conclusion, even if it is possible to draw a contrary conclusion” from the same evidence. Watec Co., Ltd. v. Liu, 403 F.3d 645 , 651 n. 5 (9th Cir.2005). We review de novo the denial of a motion for judgment as a matter of law; such a judgment is proper “if the evidence, construed in the light most favorable to the nonmoving party, permits only one reasonable conclusion, and that conclusion is contrary to the jury’s verdict.” Pavao v. Pagay, 307 F.3d 915, 918 (9th Cir.2002).