Allison Rice v. City and County of San Francisco, et al.

Holding: The Ninth Circuit affirmed the district court's judgment in favor of the defendants in a pro se Fair Housing Act case, finding that the plaintiff waived key challenges by failing to file a post-verdict motion.
Vote: Unanimous decision by a three-judge panel without oral argument.
Practical effect: The affirmation of the district court's judgment stands as the final ruling in this Fair Housing Act dispute, leaving the jury's verdict in favor of the City and County of San Francisco intact.

The United States Court of Appeals for the Ninth Circuit affirmed a district court judgment in a Fair Housing Act case brought by a pro se plaintiff. The appellate panel concluded that the plaintiff waived challenges to the evidence sufficiency and jury instructions by failing to file a post-verdict motion.

Background

Allison Barton Rice, proceeding pro se, appealed from a district court judgment following a jury trial against the City and County of San Francisco. The underlying action alleged violations of the Fair Housing Act. The district court had presided over the trial with Magistrate Judge Laurel D. Beeler.

The court’s reasoning

The panel unanimously concluded the case was suitable for decision without oral argument. The court held that Rice waived any challenge to the sufficiency of the evidence supporting the jury’s verdict by failing to file a post-verdict motion under Federal Rule of Civil Procedure fifty point b. The court further found that Rice failed to identify any plain error in the district court’s jury instructions. Regarding the exclusion of evidence related to punitive damages, the court determined that any error was harmless because the jury had already determined that the defendants did not violate the Fair Housing Act. The court also found no abuse of discretion in denying Rice’s recusal motion and rejected contentions that the trial was unfair or that Rice was denied effective assistance of counsel.

What it means going forward

The affirmation of the district court’s judgment stands as the final ruling in this Fair Housing Act dispute, leaving the jury’s verdict in favor of the City and County of San Francisco intact.