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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)

Citation
Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)
Parent Document
Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)
Effective Date
2018-05-30

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the record. Further, individual appellants point out that there
was no showing that any of them were responsible for the
loss or destruction of the videotapes. Therefore, they argue,
the jury should have been told that the instruction could be
used against only the county. We are not convinced. But
assuming without deciding that the individual appellants are
right on this point, we conclude that there was no prejudice,
given the overwhelming evidence against them. See Chess v.
Dovey, 790 F.3d 961, 977 (9th Cir. 2015) (noting that an
erroneous jury instruction is harmless if “it is more probable
than not that the jury would have reached the same verdict
had it been properly instructed” (citation omitted)).