Dixon v. City of Long Beach
Opinion of the Court
MEMORANDUM
Latrice Dixon appeals the district court’s denial of her motion for judgment as a matter of law under Federal Rule of Civil Procedure 50(b). Because the parties are familiar with the facts and proceedings below, we do not recite them here. We affirm.
Though the district court deferred ruling on qualified immunity, see Saucier v. Katz, 533 U.S. 194, 200-201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001),
We also refuse to grant Dixon a new trial on the basis that the district court declined to give her proposed jury instructions. Her jury instruction relating to September 11 was overbroad, and her instruction regarding refusal to consent to search misstated the law. See United States v. Fuentes, 105 F.3d 487, 490 (9th Cir. 1997) (holding that such refusal may be relevant in certain circumstances). The district court therefore did not err in declining to give the proposed instructions. See Jones v. Williams, 297 F.3d 930, 934-39 (9th Cir. 2002).
Finally, the City of Long Beach did not violate Dixon’s procedural due process
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. Qualified immunity should be resolved at the earliest stage of litigation to avoid the expenses and delays of unnecessary trials. Saucier v. Katz, 533 U.S. 194, 200-201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001). We do not reach the question of qualified immunity here because we affirm the verdict on the merits.
Reference
- Full Case Name
- Latrice DIXON, Plaintiff—Appellant v. CITY OF LONG BEACH, Defendants—Appellees
- Status
- Published