United States Ninth Circuit

In a 42 U.S.C. section 1983 action by a prisoner alleging excessive force, judgment for Defendants is affirmed, where the District Court's requirement that Plaintiff agree to a bench trial to present telephonic testimony did not violate Plaintiff's jury trial right, as it resulted from Plaintiff's own failure to procure the live testimony he wanted.

Appellate Information

• Argued 08/11/2008
• Decided 03/24/2009
• Published 03/24/2009

Judges

• CALLAHAN, Circuit Judge:, Before:  EUGENE E. SILER, JR.,M. MARGARET McKEOWN and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michelle Friedland (argued) and Martin D. Bern of Munger, Tolles & Olson, LLP of San Francisco, CA, for the plaintiff-appellant.


• For Appellees:
  
• Julianne Mossler, Deputy Attorney General (argued), Edmund G. Brown, Jr., Attorney General, David S. Chaney, Chief Assistant Attorney General, Frances T. Grunder, Senior Assistant Attorney General, and Michael W. Jorgenson, Supervising Deputy Attorney General of San Francisco, CA, for the defendants-appellees.