Lam v. City of San Jose

The Ninth Circuit affirmed the district court's judgment for plaintiff in an action filed under 42 U.S.C. 1983 and state law alleging that a police officer used excessive force when she shot plaintiff. Plaintiff was shot in the back during the officer's response to a 911 call and plaintiff was rendered a paraplegic. The panel held that the district court did not abuse its discretion by denying the officer's motion for a new trial, because the evidence presented at trial provided a reasonable basis to support the jury's verdict; the district court did not abuse its discretion by failing to give to the jury special interrogatories, a deadly force instruction, or an instruction regarding officer tactics; the district court has broad discretion in the formulation of jury instructions, and the instructions adequately covered the issues presented, correctly stated the law, and were not misleading; and the panel did not reach the officer's argument relating to qualified immunity because she failed to preserve the defense for appeal. View "Lam v. City of San Jose" on Justia Law