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GUY v. CITY OF SAN DIEGO

No. 08-56024.

608 F.3d 582 (2010)

Anthony GUY, Plaintiff-Appellant, v. CITY OF SAN DIEGO, a public entity; Richard W. Garcia, an individual; LSP David Maley, an individual; Kevin Friedman, an individual, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission deferred June 15, 2009.

Resubmitted January 12, 2010.

Filed June 17, 2010.

Attorney(s) appearing for the Case

Steven M. Shewry (argued), Shewry & Van Dyke, LLP, San Diego, CA, for the plaintiff-appellant.

Michael J. Aguirre, City Attorney; Andrew Jones, Deputy City Attorney; George Frederick Schaefer (argued), Deputy City Attorney; San Diego, CA, for the defendants-appellees.

Opinion by Judge GOULD; Dissent by Judge RAWLINSON.

GOULD, Circuit Judge:

Anthony Guy appeals the district court's denial of his motion for a new trial on damages following a jury verdict that was reached in his 42 U.S.C. § 1983 action. The jury concluded that police officer David Maley used excessive force when he detained Guy during a late-night confrontation, but the jury awarded only nominal damages, and that prompts Guy's appeal seeking a new trial solely on damages. Guy also appeals the district court's...

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