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Filed 5/8/12 Mendoza v. City of West Covina CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT



ALMA MENDOZA et al.,
Plaintiffs and Respondents,
v.
CITY OF WEST COVINA et al.,
Defendants and Appellants.


B227812
(Los Angeles County

Super. Ct. No. BC387119)




APPEAL from a judgment of the Superior Court of Los Angeles County. Mark V. Mooney, Judge. Affirmed.

Alvarez-Glasman & Colvin and Roger A. Colvin for Defendants and Appellants.

Samuel O. Ogbogu; Law Office of Robert Schott Shtofman and Robert Scott Shtofman for Plaintiffs and Respondents.


__________________________
The City of West Covina and West Covina police officer Enrique Macias appeal from the judgment entered after a jury found that Macias caused the wrongful death of David Mendoza through the unconstitutional use of excessive force while Mendoza was in custody at a hospital. We reject appellants’ contentions that: Macias was entitled to qualified immunity for his conduct; the jury’s verdict was excessive; and that an inadvertent instructional error was prejudicial. We therefore affirm the judgment.



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