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GATES v. RIVERA

No. 91-56484.

993 F.2d 697 (1993)

Allene GATES, Plaintiff-Appellant, v. John RIVERA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 18, 1993.

Attorney(s) appearing for the Case

Stephen Yagman, Yagman & Yagman, Venice, CA, for plaintiff-appellant.

A.J. Pyka, Kinkle, Rodiger and Spriggs, Santa Ana, CA, for defendant-appellee.

Before NOONAN, and LEAVY, Circuit Judges, and FITZGERALD, District Judge.

NOONAN, Circuit Judge:

Allene Gates (Gates) brought a civil rights action under 42 U.S.C. § 1983 against John Rivera (Rivera), a Santa Ana police officer, for using excessive force against her son, Marvin McGensey by intentionally shooting him to death. A jury returned a verdict for Rivera, and judgment was entered in his favor. Finding the evidentiary rulings attacked on appeal to be correct or, in two cases, harmless error, we affirm.

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