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RITCHIE v. U.S.

No. 05-16401.

451 F.3d 1019 (2006)

Wayne RITCHIE, Plaintiff-Appellant, v. UNITED STATES of America; Robert V. Lashbrook, in his individual and official capacities; Ira Feldman, in his individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2006.

Attorney(s) appearing for the Case

Sidney Bender, Leventritt Lewittes & Bender, New York, NY, for the plaintiff-appellant.

Owen P. Martikan, Assistant United States Attorney, San Francisco, CA, for the defendants-appellees.

Before BETTY B. FLETCHER, ALEX KOZINSKI and RAYMOND C. FISHER, Circuit Judges.

KOZINSKI, Circuit Judge.

We consider what inferences a district judge may draw, during a bench trial, in deciding a motion for judgment based on partial findings under Federal Rule of Civil Procedure 52(c).

Facts

On December 20, 1957, Wayne Ritchie, then a Deputy United States Marshal, attended a lunch-time Christmas party at the United States Post Office Building1 in San Francisco. Ritchie drank a bourbon and soda, and...

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