Meas v. City & County of San Francisco et al

Filing 163

ORDER. Signed by Judge Hamilton on 9/14/2010. (pjhlc2, COURT STAFF) (Filed on 9/14/2010)

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Meas v. City & County of San Francisco et al Doc. 163 1 2 3 4 5 6 7 8 9 10 v. JESSE SERNA, ERIC VALENTINI, AND SCOTT KORTE, Defendant(s). _______________________________/ Upon further consideration of the arguments of counsel, the court will permit the evidence of the elbow fracture to be submitted to the jury, in view of the inference of recency of the fracture reflected in Dr. Bourgon's finding of an effusion and plaintiff's own testimony. Accordingly, defendants' Rule 50 motion with respect to the cheek fracture is GRANTED, but is DENIED with respect to the elbow fracture. An instruction explaining that the cheek fracture cannot be the basis of any finding of excessive force, shall be prepared by defense counsel. IT IS SO ORDERED. Dated: September 14, 2010 ______________________________ PHYLLIS J. HAMILTON United States District Judge JONATHAN MEAS, Plaintiff(s), No. C 08-4075 PJH ORDER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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