Samuel Calhoun Arrington v. County of Los Angeles et al

Filing 223

JUDGMENT by Judge George H. Wu, in favor of all defendants and against plaintiff Samuel Calhoun Arrington Related to: Jury Verdict 212 . (MD JS-6, Case Terminated). (mrgo)

JS-6
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 SAMUEL CALHOUN ARRINGTON,
individually, and through his next best
12 friend, AURELIA CLEO BATTLE,

CASE NO. CV 12-4698-GW(AGRx)

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JUDGMENT

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(Hon. George Wu, District Judge)
(Hon. Alicia G. Rosenberg, Magistrate Judge)

Plaintiffs,
vs.

15 CITY OF LOS ANGELES, a public
entity; DANIEL PENNINGTON, an
16 individual; RUSS GRAYBILL, an
individual; JOHNATHAN JORDAN,
17 an individual; ERIC OLIVE, an
individual; CHRISTIAN ARRUE, an
18 individual; AND DOES 1 THROUGH
10, inclusive,
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Defendants.
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This action came on regularly for trial on October 13, 2016, in Courtroom

23 “10” of the United States District Court, Central District of California, Central
24 Division, the Honorable George Wu, Judge Presiding. The Plaintiff SAMUEL
25 CALHOUN ARRINGTON, was represented by attorney Nazareth M. Haysbert.
26 The Defendants CITY OF LOS ANGELES, DANIEL PENNINGTON, RUSSELL
27 GRAYBILL, JOHNATHAN JORDAN, ERIC OLIVE and CHRISTIAN ARRUE
28 were present and represented by attorneys Colleen R. Smith and Cory M. Brente.
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The trial was bifurcated, with phase I addressing liability and compensatory

2 damages only.
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A jury of 8 persons was regularly impaneled and sworn on October 13, 2016.

4 Witnesses were sworn and testified.

On October 24, 2016, following the

5 presentation of evidence and argument during a jury trial which concluded October
6 24, 2016, the jury, in the above-entitled action, UNANIMOUSLY found as follows:
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JUDGMENT ON SPECIAL VERDICT
WE, THE JURY in the above-entitled action, unanimously find as follows on

10 the questions submitted to us:
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12 QUESTION NO. 1: Has Plaintiff proved by a preponderance of the evidence that
13 any of the following Defendants violated his Fourth Amendment Constitutional
14 Rights by using excessive force against him?
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Answer (check “Yes” or “No”) following the name of each Defendant:

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SERGEANT RUSS GRAYBILL

YES_______

NO

✓____

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OFFICER DANIEL PENNINGTON

YES_______

NO

✓____

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OFFICER JOHNATHAN JORDAN

YES_______

NO

✓____

19

OFFICER ERIC OLIVE

YES_______

NO

✓____

20

OFFICER CHRISTIAN ARRUE

YES_______

NO

✓____

21 If you answered “No” as to each of the Defendants, skip to Question No. 5.
22 If you answered “Yes” as to any Defendant, proceed to Question No. 2.
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24 QUESTION NO. 2: For each “Yes” response to Question No. 1, do you find that
25 Plaintiff has proved by a preponderance of the evidence that the Defendant’s
26 conduct was the cause of injury to him?
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Answer (check “Yes” or “No”) following the name of each Defendant:

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SERGEANT RUSS GRAYBILL

YES_______
2

NO_______

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OFFICER DANIEL PENNINGTON

YES_______

NO_______

2

OFFICER JOHNATHAN JORDAN

YES_______

NO_______

3

OFFICER ERIC OLIVE

YES_______

NO_______

4

OFFICER CHRISTIAN ARRUE

YES_______

NO_______

5 Please proceed to Question No. 3.
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7 QUESTION NO. 3: Has Plaintiff proved by a preponderance of the evidence that
8 any of the following Defendants committed a battery upon him?
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Answer (check “Yes” or “No”) following the name of each Defendant:

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SERGEANT RUSS GRAYBILL

YES_______

NO_______

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OFFICER DANIEL PENNINGTON

YES_______

NO_______

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OFFICER JOHNATHAN JORDAN

YES_______

NO_______

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OFFICER ERIC OLIVE

YES_______

NO_______

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OFFICER CHRISTIAN ARRUE

YES_______

NO_______

15 If you answered “No” as to each of the Defendants, skip to Question No. 5.
16 If you answered “Yes” as to any Defendant, proceed to Question No. 4.
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18 QUESTION NO. 4: For each “Yes” response to Question No. 3, do you find that
19 Plaintiff has proved by a preponderance of the evidence that the Defendant’s
20 conduct was a substantial factor in causing him injury?
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Answer (check “Yes” or “No”) following the name of each Defendant:

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SERGEANT RUSS GRAYBILL

YES_______

NO_______

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OFFICER DANIEL PENNINGTON

YES_______

NO_______

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OFFICER JOHNATHAN JORDAN

YES_______

NO_______

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OFFICER ERIC OLIVE

YES_______

NO_______

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OFFICER CHRISTIAN ARRUE

YES_______

NO_______

27 Please proceed to Question No. 5.
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1 QUESTION NO. 5: Has Plaintiff proved by a preponderance of the evidence that
2 any of the following Defendants negligently used excessive force against him?
3

Answer (check “Yes” or “No”) following the name of each Defendant:

4

SERGEANT RUSS GRAYBILL

YES_______

NO

✓____

5

OFFICER DANIEL PENNINGTON

YES_______

NO

✓____

6

OFFICER JOHNATHAN JORDAN

YES_______

NO

✓____

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OFFICER ERIC OLIVE

YES_______

NO

✓____

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OFFICER CHRISTIAN ARRUE

YES_______

NO

✓____

9 If you answered “No” as to Questions Nos. 1 and 5, please date and sign this form
10 where indicated below.
11 If you answered “Yes” as to Question Nos. 2, 4, or 5 as to any Defendant, proceed
12 to Question No. 6.
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14 QUESTION NO. 6: For each “Yes” response to Question No. 5, do you find that
15 Plaintiff has proved by a preponderance of the evidence that the Defendant’s
16 conduct was a substantial factor in causing him injury?
17

Answer (check “Yes” or “No”) following the name of each Defendant:

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SERGEANT RUSS GRAYBILL

YES_______

NO_______

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OFFICER DANIEL PENNINGTON

YES_______

NO_______

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OFFICER JOHNATHAN JORDAN

YES_______

NO_______

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OFFICER ERIC OLIVE

YES_______

NO_______

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OFFICER CHRISTIAN ARRUE

YES_______

NO_______

23 Please proceed to Question No. 7.
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25 QUESTION NO. 7: If you answered “Yes” to Question No. 1, answer the following
26 question. If you answered “No” as to all Defendants in Question No. 1, please
27 proceed to Question No. 9. Has Plaintiff proved by a preponderance of the evidence
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1 that any of the following Defendants failed to intervene to prevent a violation of
2 Plaintiff’s constitutional rights?
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Answer (check “Yes” or “No”) following the name of each Defendant:

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SERGEANT RUSS GRAYBILL

YES_______

NO_______

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OFFICER DANIEL PENNINGTON

YES_______

NO_______

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OFFICER JOHNATHAN JORDAN

YES_______

NO_______

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OFFICER ERIC OLIVE

YES_______

NO_______

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OFFICER CHRISTIAN ARRUE

YES_______

NO_______

9 If you answered “No” as to each of the Defendants, skip to Question No. 9.
10 If you answered “Yes” as to any Defendant, proceed to Question No. 8.
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12 QUESTION NO. 8: For each “Yes” response to Question No. 7, do you find that
13 Plaintiff has proved by a preponderance of the evidence that the Defendant’s
14 conduct was the cause of injury to him?
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Answer (check “Yes” or “No”) following the name of each Defendant:

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SERGEANT RUSS GRAYBILL

YES_______

NO_______

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OFFICER DANIEL PENNINGTON

YES_______

NO_______

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OFFICER JOHNATHAN JORDAN

YES_______

NO_______

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OFFICER ERIC OLIVE

YES_______

NO_______

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OFFICER CHRISTIAN ARRUE

YES_______

NO_______

21 Please proceed to Question No. 9.
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23 QUESTION NO. 9: If you answered “Yes” as to Question Nos. 2 or 4, answer the
24 following question. Otherwise, please proceed to the section on Damages. Has
25 Plaintiff proved by a preponderance of the evidence that any of the following
26 Defendants intentionally inflicted severe emotional distress on him?
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Answer (check “Yes” or “No”) following the name of each Defendant:

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SERGEANT RUSS GRAYBILL

YES_______
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NO_______

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OFFICER DANIEL PENNINGTON

YES_______

NO_______

2

OFFICER JOHNATHAN JORDAN

YES_______

NO_______

3

OFFICER ERIC OLIVE

YES_______

NO_______

4

OFFICER CHRISTIAN ARRUE

YES_______

NO_______

5 If you answered “No” as to each of the Defendants, skip to Question No. 11.
6 If you answered “Yes” as to any Defendant, proceed to Question No. 10.
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8 QUESTION NO. 10: For each “Yes” response to Question No. 9, do you find that
9 Plaintiff has proved by a preponderance of the evidence that the Defendant’s
10 conduct was a substantial factor in causing him injury?
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Answer (check “Yes” or “No”) following the name of each Defendant:

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SERGEANT RUSS GRAYBILL

YES_______

NO_______

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OFFICER DANIEL PENNINGTON

YES_______

NO_______

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OFFICER JOHNATHAN JORDAN

YES_______

NO_______

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OFFICER ERIC OLIVE

YES_______

NO_______

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OFFICER CHRISTIAN ARRUE

YES_______

NO_______

17 Please proceed to Question No. 11.
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DAMAGES

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21 If you gave any “Yes” responses to either Question Nos. 2, 4, 6, 8 or 10, please
22 answer the following questions. Otherwise, please date and sign this form where
23 indicated below.
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25 QUESTION NO. 11: What is the total amount of compensatory damages suffered
26 by Plaintiff? $____________________.
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28 If you did not enter an amount, skip to Question No. 13.
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1 If you entered an amount, proceed to Question No. 12.
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3 QUESTION NO. 12: If you answered “yes” to Question No. 5 and you entered an
4 amount in response to Question No. 11, what percentage of responsibility for
5 Plaintiff’s harm do you assign to each of the following person’s (Do not include any
6 Defendants for which you did not find any liability above).
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PLAINTIFF SAMUEL ARRINGTON

________%

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SERGEANT RUSS GRAYBILL

________%

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OFFICER DANIEL PENNINGTON

________%

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OFFICER JOHNATHAN JORDAN

________%

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OFFICER ERIC OLIVE

________%

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OFFICER CHRISTIAN ARRUE

________%

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TOTAL

100%

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15 QUESTION NO. 13: If you answered “yes” to Question No. 1 or 7, answer the
16 following question. If you answered “No” as to all Defendants to both Questions 1
17 and 7, please proceed to Question No. 14. Has Plaintiff proved by preponderance
18 of the evidence that any of the following Defendants acted with malice, fraud or
19 oppression?
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Answer (check “Yes” or “No”) following the name of each Defendant:

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SERGEANT RUSS GRAYBILL

YES_______

NO_______

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OFFICER DANIEL PENNINGTON

YES_______

NO_______

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OFFICER JOHNATHAN JORDAN

YES_______

NO_______

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OFFICER ERIC OLIVE

YES_______

NO_______

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OFFICER CHRISTIAN ARRUE

YES_______

NO_______

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1 QUESTION NO. 14: If you answered “yes” to Question No. 3 or 9, answer the
2 following question. Has Plaintiff proved by clear and convincing evidence that any
3 of the following Defendants acted with malice, fraud or oppression?
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Answer (check “Yes” or “No”) following the name of each Defendant:

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SERGEANT RUSS GRAYBILL

YES_______

NO_______

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OFFICER DANIEL PENNINGTON

YES_______

NO_______

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OFFICER JOHNATHAN JORDAN

YES_______

NO_______

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OFFICER ERIC OLIVE

YES_______

NO_______

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OFFICER CHRISTIAN ARRUE

YES_______

NO_______

10 Please date and sign below, and return this form to the Court. Thank you.
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13 DATED: _10/24/16_______

_____/s/______________________

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FOREPERSON OF THE JURY

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Based on the jury’s finding for the Defendants CITY OF LOS ANGELES,

17 DANIEL PENNINGTON, RUSSELL GRAYBILL, JOHNATHAN JORDDAN,
18 ERIC OLIVE and CHRISTIAN ARRUE in phase I, the liability and compensatory
19 damages phase, the Plaintiff’s claims for punitive damages and Monell are null and
20 void and hereby dismissed with prejudice.
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By reason of dismissals, the rulings of the Court, and the special verdict,

22 Defendants CITY OF LOS ANGELES, DANIEL PENNINGTON, RUSSELL
23 GRAYBILL, JOHNATHAN JORDDAN, ERIC OLIVE and CHRISTIAN ARRUE
24 are entitled to judgment against Plaintiff SAMUEL CALHOUN ARRINGTON.
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Now, therefore, it is ORDERED, ADJUDGED AND DECREED that

26 Plaintiff SAMUEL CALHOUN ARRINGTON, have and recover nothing by reason
27 of each and all his claims as set forth in the Complaint against Defendants CITY OF
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ANGELES,

DANIEL

PENNINGTON,
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RUSSELL

GRAYBILL,

1 JOHNATHAN JORDAN, ERIC OLIVE and CHRISTIAN ARRUE and that
2 Defendants shall recover their costs in accordance with Local Rule 54.
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4 JUDGMENT IS HEREBY ENTERED IN FAVOR OF ALL DEFENDANTS ON
5 ALL CLAIMS.
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7 IT IS SO ORDERED.
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9 DATED: October 26, 2016
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____________________________________
GEORGE H. WU, U.S. DISTRICT JUDGE

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