Failure to File Jury Instructions Does Not Waive Jury Trial
In Solis v. Beltran, the Ninth Circuit reversed the summary judgments entered against Solis, due to the failure to give Solis, a pro se prisoner, notice of the procedural requirements for response to a summary judgment motion. The Court affirmed the summary judgment of the § 1986 claim as untimely. The Court reversed the district court’s judgment entered following a bench trial as the court had erroneously denied the request for a jury trial and such error was not harmless. The Court held that a properly filed demand for jury trial satisfies all requirements. Jury trial cannot be deemed waiver by a failure to file jury instructions or special verdict forms.
