James L. Compton v. Riverside County Sheriff's Department et al

Filing 204

JUDGMENT by Judge Beverly Reid O'Connell. 202 , 203 (MD JS-6, Case Terminated). (rfi)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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14 JAMES L. COMPTON, an individual,
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Plaintiff,
v.

17 COUNTY OF RIVERSIDE, a public
entity; LEONARDO PEREZ,
18 GUSTAVO IBARRA, and ROBERT
VEGA, JARED HANSON, CHAD
19 HILL,
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Defendants.

) CASE NO. CV 10-07490 BRO (DTBx)
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) JUDGMENT
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On June 17, 2014, the court granted summary judgment in favor of

23 defendants Jared Hanson and Chad Hill on all claims, and summary adjudication in
24 favor of the County of Riverside on all claims based on federal law. (Docket
25 number 97)
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The remaining portions of the case proceeded to trial against the defendants

27 Leonard Perez, Gustavo Ibarra and Robert Vega on claims based on federal and
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1 California law, and against the County of Riverside solely on state law claims of
2 respondeat superior. Trial began on November 18, 2014. A jury of 8 persons was
3 regularly impaneled and sworn on November 18, 2014. Witnesses were sworn and
4 testified. After plaintiff rested, defendants filed a motion for judgment pursuant to
5 F.R.Civ.P. Rule 50(a). The court granted judgment in favor of defendants Gustavo
6 Ibarra and Robert Vega on all claims.
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The remaining portion of the case against Leonard Perez based on federal and

8 California law, and against the County of Riverside in respondeat superior under
9 California law, was then tried to the jury. The jury was instructed and returned the
10 following verdicts on the questions submitted to it:
First verdict
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Question one: Did plaintiff prove by a preponderance of the evidence that

13 Deputy Leonardo Perez used excessive force? Answer: yes.
Question two: What are Plaintiff's damages?
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Answer:

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Past medical expenses

$41,500

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Future medical expenses

$41,500

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Past lost wages

218,000

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Future lost wages

$100

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Past emotional distress, pain and suffering

$584,000

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Future emotional distress, pain and suffering

$0

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Total

$885,100

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Question three: Did plaintiff prove by a preponderance of the evidence that

24 Deputy Perez acted with malice or with oppression? Answer: yes.
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Second verdict

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Did plaintiff prove by clear and convincing evidence, as defined by Jury

27 Instruction No. 3, that Deputy Perez acted with malice or with oppression? Answer:
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1 Yes.
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Third verdict

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We the jury find Defendant Leonardo Perez liable for punitive damages for

4 excessive force in the amount of: $2,500
We the jury find Defendant Leonardo Perez liable for punitive damages for
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6 assault, battery, and intentional infliction of emotional distress in the amount of:
7 $2,500
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Total: $5,000.

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Based on these proceedings and the jury’s verdicts, Judgment is entered as

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Judgment is entered in favor of defendant Jared Hanson and against

12 plaintiff on all claims.
2. Judgment is entered in favor of defendant Chad Hill and against plaintiff
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3. Judgment is entered in favor of defendant Gustavo Ibarra and against
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16 plaintiff on all claims.
4. Judgment is entered in favor of defendant Robert Vega and against
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18 plaintiff on all claims.
5. Judgment is entered in favor of plaintiff and against Leonard Perez under
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20 both federal and California law in the sum of $885,100, plus $5,000 punitive
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Judgment is entered in favor of plaintiff and against the County of

23 Riverside in respondent superior under California law only, in the sum of $885,100.
24 This portion of the judgment is joint and several with the portion of the verdict
25 against Leonardo Perez based on California law.
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7. The prevailing parties are entitled to file memoranda of costs and to file

2 motions for attorney’s fees in accordance with F.R.Civ.P. Rule 54, 42 U.S.C. §
3 1988, California Code of Civil Procedure § 128.7, and the local rules.
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IT IS SO ORDERED.

6 Dated: December 15, 2014
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HONORABLE BEVERLY REID O’CONNELL
UNITED STATES DISTRICT COURT JUDGE

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