Jimenez v. Franklin
Opinion of the Court
MEMORANDUM
John Franklin, Ryan Bergner, Gabriel Frank Gonzalez, and Gilbert Duron appeal
We need not decide whether the district court erred by instructing the jury using the objective-reasonableness standard for excessive force involving a pretrial detainee because, even if the district court did err, the error was harmless on the facts of this case. Brecht v. Abrahamson, 507 U.S. 619, 628, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). See also Graham v. Connor, 490 U.S. 386, 396-99, 109 S.Ct. 1865, 104 L.Ed.2d 448 (1989); Gibson v. County of Washoe, 290 F.3d 1175, 1197 (9th Cir. 2002).
The district court did not abuse its discretion by admitting into evidence only the facts of Jimenez’s and Gonzalez’s prior felony convictions, but not the descriptions of the crimes underlying their convictions. See Tritchler v. County of Lake, 358 F.3d 1150, 1155 (9th Cir. 2004).
The district court did not abuse its discretion in denying appellants’ motion for new trial based on the weight of the evidence. Dorn v. Burlington N. Santa Fe R.R., 397 F.3d 1183, 1189 (9th Cir. 2005).
The jury’s verdict on compensatory damages is supported by “substantial evidence.” In re Exxon Valdez, 270 F.3d 1215, 1247-48 (9th Cir. 2001). The district court did not abuse its discretion in awarding attorneys’ fees under 42 U.S.C. § 1988(b). Tutor-Saliba Corp. v. City of Hailey, 452 F.3d 1055, 1059 (9th Cir. 2006).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided
Reference
- Full Case Name
- Anthony Albert JIMENEZ, Plaintiff—Appellee v. John FRANKLIN, Defendants—Appellants
- Cited By
- 1 case
- Status
- Published