Charles Barnard v. Greg Theobald

MEMORANDUM

Las Vegas Metropolitan Police Officers Greg Theobald, Gary Clark, and Steven Radmanovieh (collectively, the Officers) appeal the district court’s order denying their motion for new trial brought pursuant to Federal Rules of Civil Procedure 50(b) and 59(a). Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We affirm.

The Officers first claim that there was insufficient evidence of excessive force. We agree with the district court that Barnard’s testimony constitutes “substantial evidence,” EEOC v. Go Daddy Software, Inc., 581 F.3d 951, 961 (9th Cir. 2009), of excessive force sufficient to support a verdict against each officer.

Second, the Officers argue that Dr. Smith, one of the plaintiffs surgeons, was improperly permitted to testify as an expert -without submitting a written expert report under Federal Rule of Civil Procedure 26(a)(2)(B). But Dr. Smith was exempt from Rule 26(a)(2)(B)’s written report requirement because his opinions “were formed during the course of treatment.” Goodman v. Staples The Office Superstore, LLC, 644 F.3d 817, 826 (9th…