United States District Court, W.D. Washington, Seattle
RICHARD A. JONES, District Judge.
This matter comes before the court Plaintiff Leon Blatt's motion for a new trial. For the reasons stated herein, the court DENIES the motion. Dkt. # 185.
II. BACKGROUND & ANALYSIS
After hearing evidence for part of Monday, January 5, 2015 and the following day, the jury hearing Mr. Blatt's claims returned a verdict in favor of Defendants on January 7. The jury ruled that Officer Pete Shove and Sergeant Jeffrey Franzen of the Marysville Police Department had probable cause to arrest Mr. Blatt on October 13, 2008, and that Mr. Blatt had therefore failed to prove a claim for violation of his Fourth Amendment or First Amendment rights. The court entered judgment for Defendants on January 8.
Mr. Blatt wants a new trial. He contends that a witness, Amanda Wallawine, lied to the jury. He also contends that counsel for Defendants knew Ms. Wallawine was lying, allowed her to do so, and relied upon her perjured testimony to convince the jury to rule in Defendants' favor.
All of these assertions are meritless. Ms. Wallawine, who was one of the occupants of a house awoken after midnight by Mr. Blatt's knocking on the door, testified on direct examination that she heard the word "police" being "hollered" through the front door. Jan. 6 Tr. (Dkt. # 183) at 4. She went to the door, and testified that she thought she would open it to find "[a] policeman, because they yelled police.'" Id. at 5. What she discovered instead was Mr. Blatt, who she testified "told [her] that he needed [her] to call the police because someone was trying to kill him with a knife." Id. at 6. Ms. Wallawine then called the police.
When Mr. Blatt's counsel cross-examined Ms. Wallawine, she repeated the same facts. In response to the question "When you called the 911 operator, what exactly did you say?" Ms. Wallawine answered as follows:
I told them that there was a man on my front porch that indicated that he was the police, but when I opened the door, he was not an officer, and that he was telling me that someone was trying to stab him with a knife, that he was being attacked.
Jan. 6 Tr. (Dkt. # 183) at 10-11. This exchanged followed:
Q: Let me see if I can get this clear. I want to be very clear about this. He said that he was the police; is that your testimony.
A: Yes. He said he was the police when he was pounding on the door. He yelled "police."
Q: I want to be clear about this. Did he say he was the police?
A: He yelled "police."
Jan. 6 Tr. (Dkt. # ...