Felipe Flores, Plaintiff-appellee, v. Melvin Coley, County of Tulare; James G. Line, Defendants-appellants, 76 F.3d 386 (9th Cir. 1995)

Appeal from the United States District Court for the Eastern District of California (Fresno); No. CV-93-05027-REC, Edward Dean Price, Judge, Presiding.

E.D. Cal.

REVERSED.

Before: SCHROEDER and ALARCON, Circuit Judges, and PANNER,^*  Senior District Judge

AMENDED MEMORANDUM^** 

The district court granted a mistrial because it concluded that the explanation given by Tulare County Attorney James G. Line for attempting to exercise a peremptory challenge against a Hispanic juror was insufficient to demonstrate that she was biased or prejudiced. The court imposed a sanction of $1,192.50 to cover the cost of summoning the jury panel.

It appears from the record that the district court believed that granting a mistrial was compelled by Batson v. Kentucky, 476 U.S. 79 (1986). We disagree. The proper remedy under these circumstances would have been to deny the peremptory challenge against the Hispanic juror. Accordingly, it was unnecessary to declare a mistrial and discharge the jury. We conclude therefore that it was inappropriate to sanction Mr. Line and order him to pay the cost of summoning the jury because of the court's error.

REVERSED.