Galvan v. Norberg

Dist. Ct. did not err in granting defendant's motion to reconsider prior Dist. Ct. judge's order that had granted plaintiff's motion for new trial in section 1983 action alleging that defendants-police officers lacked probable cause to stop plaintiff on traffic offense and to arrest him on drug charges where defendants based said stop on anonymous tip. Dist. Ct.'s reinstatement of jury's verdict in favor of defendants was warranted where there was sufficient evidence for jury to believe one defendant's testimony that he had received said anonymous tip that truck that matched plaintiff's truck was carrying large quantity of marijuana at specific location. Fact that prior Dist. Ct. judge believed that said defendant had fabricated existence of anonymous tip, while plausible, was insufficient to overturn jury's verdict. Moreover, instant Dist. Ct. judge could properly revisit prior Dist. Ct. judge's order granting plaintiff new trial where initial order was interlocutory in nature, and where prior Dist. Ct. judge had entered order without giving defendants opportunity to file written response to plaintiff's motion for new trial.