SUMMARY ORDER
Walter Hickey and Annie Hickey appeal from the November 24, 2004, and March 15, 2005, judgments of the United States District Court for the Southern District of New York (Lynch, /.), granting a motion for partial summary judgment and dismissing the complaint, and from the April 2, 2004, judgment of the United States District Court for the Southern District of New York (Maas, MJ.'), denying the Hickeys’ motion to amend the complaint. We assume familiarity with the underlying facts and procedural history.
The Hickeys raise five issues on appeal. First, the Hickeys argue that the district court abused its discretion in precluding the proposed testimony of John Ryan, a practices/training expert. Second, they argue that the court erred in granting partial summary judgment. Third, the Hickeys argue that the district court erred in its rulings during the cross-examination of Officers Teiner and Heihs. Fourth, they argue that the district court erred in ruling as inadmissible the command disciplines meted out to the 911 operators and the facts of the shooting investigation. Finally, the Hickeys argue that the district court erred in not allowing the plaintiffs to amend the complaint.
First, the Hickeys argue that Ryan’s testimony was improperly excluded. The standard for reversing a decision to admit or exclude expert testimony is abuse of discretion. See Fashion Boutique of Short Hills, Inc. v. Fendi USA, Inc.,
The Hickeys sought to call John Ryan as a police and law enforcement practices expert. The district court found that there was no basis for Ryan’s opinion that a reasonable and well-trained officer should have been able to tell that Mr. Hickey was holding a cell phone, not a gun. Further, the district court noted that the police training issues were irrelevant since the Monell claim of municipal liability had already been dismissed. Therefore, based on the court’s finding that Ryan lacked concrete knowledge regarding many of the assumptions underlying his conclusions, the district court did not abuse its discretion in excluding Ryan’s
The Hickeys next contend that the district court erred in granting partial summary judgment to the defendants. They do not provide any argument as to why the district court erred, however, and instead refer us to the briefs filed in opposition to summary judgment before the district court. Accordingly, we deem this claim to be waived. See Norton v. Sam’s Club,
Third, the Hickeys challenge the district court’s rulings during the cross-examination of Officers Teiner and Heihs. A district court’s decision on the management of the cross-examination of witnesses will not be overturned in the absence of an abuse of discretion. United States v. Sasso,
Fourth, the Hickeys argue that the district court erred in refusing to allow plaintiffs to present evidence at trial regarding (1) command disciplines received by the New York Police Department 911 operators and (2) the shooting investigation by the New York Police Department and the district attorney’s office. We review the district court’s evidentiary decisions for abuse of discretion. See United States v. Taubman,
Finally, the Hickeys contend that the district court erred in denying their motion to amend the complaint. We review a district court’s decision denying a motion to amend a complaint for abuse of discretion. See Lane Capital Mgmt., Inc. v. Lane Capital Mgmt., Inc.,
We have considered the defendant’s remaining contentions and have found them to be without merit. For the foregoing reasons, the judgment of the district court is hereby AFFIRMED.
