On April 5, 2023, Kyle Zoellner filled a notice of appeal with the United States Court of Appeals for the Ninth Circuit. In this document, Zoellner makes very broad appeals of many of the court's decisions throughout the case.
Full Document Link: Notice of Appeal Document
The main body of text is reproduced below:
That Plaintiff Kyle Zoellner hereby appeals to the United States Court of Appeals for the Ninth
Circuit from:
1. The final judgment entered on March 13, 2023 (Dkt# 418) dismissing Counts 4, 5, 6 (as to all Defendants other than Chief Chapman, Det. Sgt. Dokweiler, and the City of Arcata), 7, and 8 by Order filed April 19, 2021 (Dkt. No. 131); granted summary judgment to Defendants on Counts 1, 2 (as to all Defendants other than Det. Losey), 3, and 6 by Order filed March 1, 2022 (Dkt. No. 233); and granted judgment on the pleadings to Defendants on Count 9 by Order filed March 10, 2023 (Dkt. No. 417).1 An October 2022 jury trial on Count 2 resulted in a verdict in favor of Defendant Det. Losey [sic- the jury verdict was in favor of plaintiff Kyle Zoellner]. (Dkt. Nos. 376, 377, 383; see Dkt. No. 370 at 12.)
Also, from:
2. Order RE: LACK OF PROBABLE CAUSE ELEMENT, Dkt # 383, finding “Mr. Zoellner has not satisfied the lack of probable cause element of his malicious prosecution claim, the claim fails and judgment must be entered in Mr. Losey’s favor.”
3. Orders issued during the trial proceeding took place from October 3, 2023 to October 13, 2023.
4. Order denying sanctions RE: Plaintiff’s Motion for Sanctions” Dkt # 407.
5. Order Denying Plaintiff’s Motion For Leave To File Motion For Reconsideration And
To Amend Complaint. (Dtk# 220)
6. Order Following Pretrial Conference (Dkt# 306) limited to Denying Plaintiff’s Motion in Limine No 2, allowing Defendant Losey to challenge the state court judge’s determination of no probable cause following the preliminary hearing.
7. Order Granting In Part Defendants’ Motion For Summary Judgment to the Fifth
Amended Complaint relating to Unlawful arrest in violation of 42 U.S.C. § 1983; Malicious prosecution in violation of § 1983 as to Defendants Dokweiler and Chapman; Deliberate indifference to serious medical need; and Defamation. (Dkt #233)
8. Order for payment of costs in the amount of $19,825.98 against Plaintiff. (Dkt# 423)