Page:Tenorio v Pitzer 10th Circuit.pdf/18

 In Zuchel II, the plaintiffs (Zuchel’s parents) proceeded to trial on a municipal liability claim against Denver based on its deliberate indifference in inadequately training its officers. 997 F.2d at 733–35. To prevail, the plaintiffs needed to prove (among other things) that Officer Spinharney exceeded constitutional limitations in the use of deadly force. Id. at 734. Ultimately, a jury found in the plaintiffs' favor. Id. at 733. On appeal, Denver contended that insufficient evidence supported the verdict. Id. Accordingly, this court in Zuchel II considered a similar issue as in Zuchel I: whether plaintiffs had presented sufficient evidence, together with favorable inferences, to sustain the decision made in the district court (whether on summary judgment or jury verdict). We reviewed de novo the district court’s denial of Denver’s post-verdict motion, and in doing so acknowledged that "[w]e must view the evidence in the light most favorable to the party against whom the motion is made and give that party the benefit of all reasonable inferences from the evidence." Id. at 734 (citations omitted).

With this in mind, the court in Zuchel II reviewed the trial evidence. It recounted testimony from eyewitnesses, including those whose deposition testimony we relied on in affirming the district court’s denial of summary judgment. Id. at 735–36. For instance, in Zuchel I, we noted that Jeffrey Purvis had testified in his deposition that Zuchel was clearly not close enough to stab Spinharney and that he heard Spinharney tell Zuchel to "shut up, or you’re going to die." 890 F.2d at 275. At trial, Purvis testified consistently. Zuchel II, 997 F.2d at 735–36. In Zuchel I, we also relied on deposition testimony of Deborah Seme, who had estimated the distance between the two men at shooting at about 10 to 12 feet, said that Zuchel was trying to "explain what was going on," and said that 5