Emmanuel Bracy v. City of Los Angeles et al

Filing 192

JUDGMENT by Magistrate Judge Jacqueline Chooljian. Based on the special verdict, and Plaintiff's prior dismissal of punitive damages during the trial, Defendants RICHARD GUZMAN, RANDY RICO, DONALD WALTHERS and CARL WORRELL are entitled to judgm ent against Plaintiff EMMANUEL BRACY. Now, therefore, it is ORDERED, ADJUDGED AND DECREED that Plaintiff EMMANUEL BRACY, have and recover nothing by reason of his claim as set forth in his Complaint against Defendants RICHARD GUZMAN, RANDY RICO, DONA LD WALTHERS and CARL WORRELL and that Defendants shall recover their costs in accordance with Local Rule 54. JUDGMENT IS HEREBY ENTERED IN FAVOR OF ALL DEFENDANTS ON PLAINTIFF'S CLAIM AS SET FORTH IN HIS COMPLAINT. (MD JS-6, Case Terminated). (hr)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
EMMANUEL BRACY,

) Case No. CV 13-9350 JC
)
Plaintiff,
)
) JUDGMENT
v.
)
)
DETECTIVE RICHARD GUZMAN;
)
DETECTIVE RANDY RICO;
)
DETECTIVE DONALD WALTHERS; )
and DETECTIVE CARL WORRELL,
)
)
)
Defendants.
)
_________________________________ )
This action came on regularly for trial on November 16, 2016, in
Courtroom 21 of the United States District Court, Central District of California,
Western Division-Los Angeles, the Honorable Jacqueline Chooljian, Magistrate
Judge Presiding. Plaintiff EMMANUEL BRACY was not present, but was
represented by attorneys Brian T. Dunn and Megan R. Gyongyos. Defendants
RICHARD GUZMAN, RANDY RICO and CARL WORRELL were present and
were represented by Assistant City Attorney Cory M. Brente and Deputy City
Attorney Kelly N. Kades. Defendant DONALD WALTHERS was also present
and was represented by attorneys Peter James Ferguson and Allen Christiansen.

1

1

The trial was not bifurcated, and the issue of liability and damages (except

2 the claim for punitive damages against Defendants, which Plaintiff dismissed
3 during the trial) went to the jury. A jury of 8 persons was regularly impaneled and
4 sworn on November 16, 2016. Witnesses were sworn and testified and exhibits
5 admitted. On December 1, 2016, following the presentation of evidence and
6 argument during a jury trial which concluded on December 1, 2016, the jury in the
7 above-entitled action, UNANIMOUSLY found as follows:
8
9

We the jury, in the above-entitled action, unanimously find as follows:

10 QUESTION NO. 1:
11

Has Plaintiff Emmanuel Bracy proved by a preponderance of the evidence

12 that any of the following Defendants violated his Federal Constitutional right
13 under the Fourth Amendment by subjecting him to excessive force?
14

RICHARD GUZMAN

Yes_____

No__x__

15

RANDY RICO

Yes_____

No__x__

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DONALD WALTHERS

Yes_____

No__x__

17

CARL WORRELL

Yes_____

No__x__

18

If your answer to Question No. 1 is “no” for all four Defendants, then please

19 sign, date and return this verdict form. If your answer to Question No. 1 is “yes”
20 for any of the Defendants, then please proceed to Question No. 2.
21 QUESTION NO. 2:
22

As to any Defendant for whom you answered “yes” to Question No. 1, has

23 Plaintiff Emmanuel Bracy proved by a preponderance of the evidence that such
24 Defendant(s)’ use of excessive force was a cause of injury to him?
25

RICHARD GUZMAN

Yes_____

No_____

26

RANDY RICO

Yes_____

No_____

27

DONALD WALTHERS

Yes_____

No_____

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CARL WORRELL

Yes_____

No_____

2

1

If your answer to Question No. 2 is “no” for all Defendants for whom you

2 answered “yes” to Question No. 1, then please sign, date and return this verdict
3 form. If your answer to Question No. 2 is “yes” for any of the Defendants, then
4 please proceed to Question No. 3.
5 QUESTION NO. 3:
6

What is the total amount of damages, if any, proven by Plaintiff Emmanuel

7 Bracy?
8

$__________________________

9
10

Dated: December 1, 2016

__________/s/__________________

11

Presiding Juror

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13

Based on the special verdict, and Plaintiff's prior dismissal of punitive

14 damages during the trial, Defendants RICHARD GUZMAN, RANDY RICO,
15 DONALD WALTHERS and CARL WORRELL are entitled to judgment against
16 Plaintiff EMMANUEL BRACY.
17

Now, therefore, it is ORDERED, ADJUDGED AND DECREED that

18 Plaintiff EMMANUEL BRACY, have and recover nothing by reason of his claim
19 as set forth in his Complaint against Defendants RICHARD GUZMAN, RANDY
20 RICO, DONALD WALTHERS and CARL WORRELL and that Defendants shall
21 recover their costs in accordance with Local Rule 54.
22

JUDGMENT IS HEREBY ENTERED IN FAVOR OF ALL

23 DEFENDANTS ON PLAINTIFF'S CLAIM AS SET FORTH IN HIS
24 COMPLAINT.
25

IT IS SO ORDERED.

26 DATED:
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December 19, 2016

_______________/s/________________
Honorable Jacqueline Chooljian
UNITED STATES MAGISTRATE JUDGE

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