Torres

DISCUSSION

20 On November 15, 2023, after a three day trial and two days of deliberations, the jury reached 21 a verdict as to some of plaintiff Mario Torres’s claims but deadlocked on one claim as to one 22 defendant. The jury reached the following verdict: (1) on Claim 1, Warrantless Entry of Apartment, 23 the jury found in favor of defendants Hansen and Smith; (2) on Claim 2, Excessive Force Prior to 24 Handcuffing, the jury found in favor of defendant Smith and could not reach a verdict as to defendant 25 Hansen; and (3) on Claim 3, Excessive Force After Handcuffing, the jury found in favor of defendant 26 Hansen. The Court reserved judgment on whether it would accept a partial verdict and directed that 27 1 and the case did not settle, and the parties then filed post-trial motions. 2 3 I. Torres’ Motion for a New Trial on All Claims 4 Torres contends that he is entitled to a new trial on all claims. Torres cites this Court’s 5 summary judgment order for the proposition that the Court has already found that his Fourth 6 Amendment rights have been violated. Torres also contends that the Court erred in providing a 7 “community caretaking” jury…