Heriberto Rodriguez v. County of Los Angeles et al

Filing 626

JUDGMENT by Judge Consuelo B. Marshall: AS TO PLAINTIFF HERIBERTO RODRIGUEZ: Judgment in favor of Plaintiff Heriberto Rodriguez against Defendants, the County of Los Angeles, Daniel Cruz, Lieutenant Christopher Blasnek, Sergeant Michel McGrattan, Dep uty Francisco Alonso, Deputy Clayton Stelter, Deputy Joseph Sanford and Deputy Alejandro Hernandez-Castanon, to recover jointly and severally the sum of $90,000.00. Judgment is entered in favor of Plaintiff Heriberto Rodriguez against Defendant Daniel Cruz, to recover the sum of $15,000.00. Judgment is entered in favor of Plaintiff Heriberto Rodriguez against Defendant Lieutenant Christopher Blasnek, to recover the sum of $12,000.00. Judgment is entered in favor of Plaintiff Herib erto Rodriguez from Defendant Sergeant Michel McGrattan, to recover the sum of $10,000.00. Judgment is entered in favor of Defendants Matthew Nowotny, Antonio Galindo, Adolph Esqueda and Matthew Thomas against Plaintiff Heriberto Rodriguez for t he 42 U.S.C. Section 1983 claim. AS TO PLAINTIFF JUAN CARLOS SANCHEZ: Judgment is entered in favor of Plaintiff Juan Carlos Sanchez against Defendants, the County of Los Angeles, Daniel Cruz, Lieutenant Christopher Blasnek, Sergeant Michel McGrattan, Deputy Francisco Alonso, Deputy Adolph Esqueda, Deputy Matthew Thomas, Deputy Joseph Sanford and Deputy Alejandro Hernandez-Castanon, to recover jointly and severally the sum of $200,000.00. Judgment is entered in favor of Plaintiff Juan Carlos Sanchez against Defendant Daniel Cruz, to recover the sum of $15,000.00. Judgment is entered in favor of Plaintiff Juan Carlos Sanchez against Defendant Lieutenant Christopher Blasnek, to recover the sum of $12,000.00. Judgment is entered in favor of Plaintiff Juan Carlos Sanchez against Defendant Sergeant Michel McGrattan, to recover the sum of $10,000.00. Judgment is entered in favor of Defendants Matthew Nowotny, Antonio Galindo and Clayton Stelter against Plaintiff Juan Carlo s Sanchez for the 42 U.S.C. Section 1983 and California Civil Code Section 52.1 claims. AS TO PLAINTIFF ERICK NUNEZ: Judgment is entered in favor of Plaintiff Erick Nunez against Defendants, the County of Los Angeles, Daniel Cruz, Lieutenant Christop her Blasnek, Sergeant Michel McGrattan, Deputy Francisco Alonso, Deputy Matthew Thomas, Deputy Clayton Stelter, Deputy Joseph Sanford and Deputy Alejandro Hernandez-Castanon, to recover jointly and severally the sum of $100,000.00. Judgment is e ntered in favor of Plaintiff Erick Nunez against Defendant Daniel Cruz, to recover the sum of $15,000.00. Judgment is entered in favor of Plaintiff Erick Nunez against Defendant Lieutenant Christopher Blasnek, to recover the sum of $12,000. 00. Judgment is entered in favor of Plaintiff Erick Nunez against Defendant Sergeant Michel McGrattan, to recover the sum of $10,000.00. Judgment is entered in favor of Defendants Matthew Nowotny, Antonio Galindo and Adolph Esqueda against Plain tiff Erick Nunez for the 42 U.S.C. Section 1983 and California Civil Code Section 52.1 claims. AS TO PLAINTIFF CARLOS FLORES: Judgment is entered in favor of Plaintiff Carlos Flores against Defendants, the County of Los Angeles, Daniel Cruz, Lieutena nt Christopher Blasnek, Sergeant Matthew Onhemus, Deputy Andrew Lyons, Deputy Javier Guzman, Deputy Hernan Delgado, and Deputy Justin Bravo, to recover jointly and severally the sum of $200,000.00. Judgment is entered in favor of Plaintiff Carlo s Flores against Defendant Daniel Cruz, to recover the sum of$15,000.00. Judgment is entered in favor of Plaintiff Carlos Flores againstDefendant Lieutenant Christopher Blasnek, to the sum of $12,000.00. Judgment is entered in favor of Plai ntiff Carlos Flores against Defendant Sergeant Matthew Onhemus, to recover the sum of $30,000.00. Judgment is entered in favor of Defendants Carlos Ortega, Adrian Ruiz and Clayton Stelter against Plaintiff Carlos Flores. Judgment is entered as a matter of law under FRCP Rule 50 in favor of Defendant Armando Gonzalez against Plaintiff Carlos Flores. PLAINTIFF JUAN TRINIDAD: Judgment is entered in favor of Plaintiff Juan Trinidad against Defendants, the County of Los Angeles, Daniel Cruz, Lie utenant Christopher Blasnek, Sergeant Kelley Washington, Deputy Michael Frazier, Deputy Blake Orlandos, Deputy Nicholas Graham, and Deputy Hector Vazquez, to recover jointly and severally the sum of $150,000.00. Judgment is entered in favor of P laintiff Juan Trinidad against Defendant Daniel Cruz, to recover the sum of $15,000.00. Judgment is entered in favor of Plaintiff Juan Trinidad against Defendant Lieutenant Christopher Blasnek, to recover the sum of $12,000.00. Judgment is entered in favor of Plaintiff Juan Trinidad against Defendant Sergeant Kelley Wahshington, to recover the sum of $15,000.00. Judgment is entered in favor of Defendants Ivan Delatorre, Arthur Diaz, Jr., Enrique Cano and John McNicholas against Pl aintiff Juan Trinidad. Any motion for attorney's fees or application to tax costs shall be filed in accordance with the Federal Rules of Civil Procedure and/or Local Rules following the entry of Judgment by the Court. See document for details. (MD JS-6, Case Terminated). (gk)

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1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 12 13 14 HERIBERTO RODRIGUEZ, CARLOS FLORES, ERICK 15 NUNEZ, JUAN CARLOS 16 SANCHEZ, and JUAN TRINIDAD, 17 No. CV 10-6342 CBM(AJWx) JUDGMENT [JS-6] Plaintiffs, 18 vs. 19 20 COUNTY OF LOS ANGELES, et al., 21 22 Defendants. 23 This action came on for trial before the Court and a jury, the Honorable 24 25 Consuelo B. Marshall, presiding. The issues having been duly tried, the jury having 26 duly rendered its verdict, and the Defendants named below having been found 27 liable, 28 JUDGMENT 1 IT IS ORDERED AND ADJUDGED: 2 Plaintiff Heriberto Rodriguez 3 1. That Judment is entered in favor of Plaintiff Heriberto Rodriguez against 4 Defendants, the County of Los Angeles, Daniel Cruz, Lieutenant 5 Christopher Blasnek, Sergeant Michel McGrattan, Deputy Francisco 6 Alonso, Deputy Clayton Stelter, Deputy Joseph Sanford and Deputy 7 Alejandro Hernandez-Castanon, for violating Plaintiff Heriberto 8 Rodriguez’s Fourteenth Amendment right to be free from excessive force 9 under 42 U.S.C. § 1983, to recover jointly and severally the sum of $90,000.00, with interest thereon at the rate provided by law; 10 11 2. That Judgment is entered in favor of Plaintiff Heriberto Rodriguez against 12 Defendant Daniel Cruz, to recover punitive damages, in the sum of 13 $15,000.00, with interest thereon at the rate provided by law; 14 3. That is entered in favor of Plaintiff Heriberto Rodriguez against Defendant 15 Lieutenant Christopher Blasnek, to recover punitive damages, in the sum 16 of $12,000.00, with interest thereon at the rate provided by law; 17 4. That Judgment is entered in favor of Plaintiff Heriberto Rodriguez from 18 Defendant Sergeant Michel McGrattan, to recover punitive damages, in 19 the sum of $10,000.00, with interest thereon at the rate provided by law; 20 and 21 5. That Judgment is entered in favor of Defendants Matthew Nowotny, 22 Antonio Galindo, Adolph Esqueda and Matthew Thomas against Plaintiff 23 Heriberto Rodriguez for the 42 U.S.C. § 1983 claim. 24 25 Plaintiff Juan Carlos Sanchez 26 1. That Judgment is entered in favor of Plaintiff Juan Carlos Sanchez 27 against Defendants, the County of Los Angeles, Daniel Cruz, Lieutenant 28 Christopher Blasnek, Sergeant Michel McGrattan, Deputy Francisco JUDGMENT 2 1 Alonso, Deputy Adolph Esqueda, Deputy Matthew Thomas, Deputy 2 Joseph Sanford and Deputy Alejandro Hernandez-Castanon, for violating 3 Plaintiff Carlos Sanchez’s Eighth Amendment right not to be subjected to 4 cruel and unusual punishment under 42 U.S.C. § 1983 and California 5 Civil Code §52.1 (excluding the County of Los Angeles on California 6 Civil Code §52.1), to recover jointly and severally the sum of 7 $200,000.00, with interest thereon at the rate provided by law; 8 2. That Judgment is entered in favor of Plaintiff Juan Carlos Sanchez against Defendant Daniel Cruz, to recover punitive damages, in the sum of 9 $15,000.00, with interest thereon at the rate provided by law; 10 11 3. That Judgment is entered in favor of Plaintiff Juan Carlos Sanchez against 12 Defendant Lieutenant Christopher Blasnek, to recover punitive damages, 13 in the sum of $12,000.00, with interest thereon at the rate provided by 14 law; 15 4. That Judgment is entered in favor of Plaintiff Juan Carlos Sanchez against 16 Defendant Sergeant Michel McGrattan, to recover punitive damages, in 17 the sum of $10,000.00, with interest thereon at the rate provided by law; 18 and 19 5. That Judgment is entered in favor of Defendants Matthew Nowotny, 20 Antonio Galindo and Clayton Stelter against Plaintiff Juan Carlos 21 Sanchez for the 42 U.S.C. § 1983 and California Civil Code §52.1 claims. 22 23 Plaintiff Erick Nunez 24 1. That Judgment is entered in favor of Plaintiff Erick Nunez against 25 Defendants, the County of Los Angeles, Daniel Cruz, Lieutenant 26 Christopher Blasnek, Sergeant Michel McGrattan, Deputy Francisco 27 Alonso, Deputy Matthew Thomas, Deputy Clayton Stelter, Deputy 28 Joseph Sanford and Deputy Alejandro Hernandez-Castanon, for violating JUDGMENT 3 1 Plaintiff Erick Nunez’s Eighth Amendment right not to be subjected to 2 cruel and unusual punishment under 42 U.S.C. § 1983 and California 3 Civil Code §52.1 (excluding the County of Los Angeles on California 4 Civil Code §52.1), to recover jointly and severally the sum of 5 $100,000.00, with interest thereon at the rate provided by law; 6 2. That Judgment is entered in favor of Plaintiff Erick Nunez against 7 Defendant Daniel Cruz, to recover punitive damages, in the sum of 8 $15,000.00, with interest thereon at the rate provided by law; 3. That Judgment is entered in favor of Plaintiff Erick Nunez against 9 10 Defendant Lieutenant Christopher Blasnek, to recover punitive damages, 11 in the sum of $12,000.00, with interest thereon at the rate provided by 12 law; 4. That Judgment is entered in favor of Plaintiff Erick Nunez against 13 14 Defendant Sergeant Michel McGrattan, to recover punitive damages, in 15 the sum of $10,000.00, with interest thereon at the rate provided by law; 16 and 5. That Judgment is entered in favor of Defendants Matthew Nowotny, 17 18 Antonio Galindo and Adolph Esqueda against Plaintiff Erick Nunez for 19 the 42 U.S.C. § 1983 and California Civil Code §52.1 claims. 20 21 Plaintiff Carlos Flores 22 1. That Judgment is entered in favor of Plaintiff Carlos Flores against 23 Defendants, the County of Los Angeles, Daniel Cruz, Lieutenant 24 Christopher Blasnek, Sergeant Matthew Onhemus, Deputy Andrew 25 Lyons, Deputy Javier Guzman, Deputy Hernan Delgado, and Deputy 26 Justin Bravo, for violating Plaintiff Carlos Flores’ Eighth Amendment 27 right not to be subjected to cruel and unusual punishment under 42 28 U.S.C. § 1983 and California Civil Code §52.1 (excluding the County of JUDGMENT 4 1 Los Angeles on California Civil Code §52.1), to recover jointly and 2 severally the sum of $200,000.00, with interest thereon at the rate 3 provided by law; 4 2. That Judgment is entered in favor of Plaintiff Carlos Flores against 5 Defendant Daniel Cruz, to recover punitive damages, in the sum of 6 $15,000.00, with interest thereon at the rate provided by law; 7 3. That Judgment is entered in favor of Plaintiff Carlos Flores against 8 Defendant Lieutenant Christopher Blasnek, to recover punitive 9 damages, in the sum of $12,000.00, with interest thereon at the rate provided by law; 10 4. That Judgment is entered in favor of Plaintiff Carlos Flores against 11 12 Defendant Sergeant Matthew Onhemus, to recover punitive damages, in 13 the sum of $30,000.00, with interest thereon at the rate provided by law; 5. That Judgment is entered in favor of Defendants Carlos Ortega, Adrian 14 Ruiz and Clayton Stelter against Plaintiff Carlos Flores; and 15 6. That Judgment is entered as a matter of law under FRCP Rule 50 in 16 favor of Defendant Armando Gonzalez against Plaintiff Carlos Flores. 17 18 19 Plaintiff Juan Trinidad 20 1. That Judgment is entered in favor of Plaintiff Juan Trinidad against 21 Defendants, the County of Los Angeles, Daniel Cruz, Lieutenant 22 Christopher Blasnek, Sergeant Kelley Washington, Deputy Michael 23 Frazier, Deputy Blake Orlandos, Deputy Nicholas Graham, and Deputy 24 Hector Vazquez, for violating Plaintiff Heriberto Rodriguez’s Eighth 25 Amendment right not to be subjected to cruel and unusual punishment 26 under 42 U.S.C. § 1983 and California Civil Code §52.1 (excluding the 27 County of Los Angeles on California Civil Code §52.1), to recover 28 jointly and severally the sum of $150,000.00, with interest thereon at JUDGMENT 5 the rate provided by law; 1 2 2. That Judgment is entered in favor of Plaintiff Juan Trinidad against 3 Defendant Daniel Cruz, to recover punitive damages, in the sum of 4 $15,000.00, with interest thereon at the rate provided by law; 5 3. That Judgment is entered in favor of Plaintiff Juan Trinidad against 6 Defendant Lieutenant Christopher Blasnek, to recover punitive 7 damages, in the sum of $12,000.00, with interest thereon at the rate 8 provided by law; 4. That Judgment is entered in favor of Plaintiff Juan Trinidad against 9 10 Defendant Sergeant Kelley Wahshington, to recover punitive damages, 11 in the sum of $15,000.00, with interest thereon at the rate provided by 12 law; and 13 5. That Judgment is entered in favor of Defendants Ivan Delatorre, Arthur 14 Diaz, Jr., Enrique Cano and John McNicholas against Plaintiff Juan 15 Trinidad. 16 17 Any motion for attorney’s fees or application to tax costs shall be filed in 18 accordance with the Federal Rules of Civil Procedure and/or Local Rules following 19 the entry of Judgment by the Court. 20 21 22 DATED: February 5, 2014 23 By______________________________________ HONORABLE CONSUELO B. MARSHALL United States District Judge 24 25 26 27 28 JUDGMENT 6

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