Legal Opinion
Waymon M. Berry v. William J. Bunnell
Court of Appeals for the Ninth Circuit
Decided November 9, 1994No. 93-16797PublishedCited by 178 opinions
1Per curiam
Berry appeals pro se the district court’s grant of the prison officials’ motion for a directed verdict in his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291 and affirm.
We review de novo a grant of a directed verdict. Zamalloa v. Hart, 31 F.3d 911, 913 (9th Cir.1994). A directed verdict is proper when the evidence permits only one reasonable conclusion. Id. The evidence must be viewed in the light most favorable to the nonmoving party, and all reasonable inferences must be drawn in favor of that party. Id.
At trial Berry argued that the prison officials violated his Eighth…
2Cases cited9 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Superintendent, Mass. Correctional Institution at Walpole v. HillSupreme Court of the United States · 1985
- David Poe Wood v. Vernon G. Housewright, George SumnerCourt of Appeals for the Ninth Circuit · 1990
- Howard v. KingCourt of Appeals for the Fifth Circuit · 1983
- Robert Draper v. B. J. Rhay, as Superintendent of Washington State PenitentiaryCourt of Appeals for the Ninth Circuit · 1963
4 more not listed; retrieve them via the Exa API.
3Cited by178 opinions
- Morgan v. MorgensenCourt of Appeals for the Ninth Circuit · 2006
- Danjaq LLC v. Sony Corp.Court of Appeals for the Ninth Circuit · 2001
- Amarel v. ConnellCourt of Appeals for the Ninth Circuit · 1997
- Smith v. PetersCourt of Appeals for the Seventh Circuit · 2011
- Atlantic Recording Corp. v. HowellDistrict Court, D. Arizona · 2008
173 more not listed; retrieve them via the Exa API.