How have the courts treated the testimony of a police witness in a civil case?

This evidence tended to render less probable his defense that the presence of a police witness meant he had no opportunity to assault Doan. Its probative value should have been weighed against the danger of "unfair prejudice" to Sanders and the other factors set out in Rule 403. A trial judge allowing evidence under Rule 403 does not need to recite his balancing analysis, United States v. Rrapi, 175 F.3d 742 (9th Cir.1999) if we can see from the record that balancing was done. The testimony should not have been excluded by a global ruling that showed no evidence of any balancing by the magistrate judge.