Jamarr Isom et al v. City of Los Angeles et al

Filing 221

JUDGMENT AFTER JURY VERDICT IN FAVOR OF DEFENDANTS by Judge Andre Birotte Jr.: It is ORDERED, ADJUDGED AND DECREED that Plaintiff, JAMARR ISOM have and recover nothing by reason of his claim as set forth in the operative complaint against Defendants CITY OF LOS ANGELES, ALFRED A. THORNTON AND FRANCISCO ULLOA and that Defendants are prevailing parties and shall recover their costs in accordance with Local Rule 5 in an amount to be determined (per costs bill). (MD JS-6, Case Terminated). (gk)

1

JS-6

2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9
FOR THE CENTRAL DISTRICT OF CALIFORNIA

10
11
12

JAMARR ISOM,

13
14
15
16

Plaintiff,
vs.
CITY OF LOS ANGELES, et al.
Defendants

17
18
19

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: CV 14-8826 AB (AJWx)
Honorable Judge: Andre Birotte, Jr.
Honorable Magistrate Judge: Andrew J. Wistrich

(PROPOSED) JUDGMENT AFTER
JURY VERDICT IN FAVOR OF
DEFENDANTS
VERDICT RENDERED APRIL 22,
2016

20
21
22

TO ALL INTERESTED PERSONS, THE PARTIES AND THEIR
COUNSELS OF RECORD:

23
24
25
26

On April 12, 2016, following pre-trial proceedings, the trial of the foregoing
matter commenced. In the days following, a jury was selected and sworn, witnesses
testified and exhibits were admitted. The presentation of evidence and argument during

27
28

the jury trial concluded on April 22, 2016. On April 22, 2016 the jury returned a

1

1
2

verdict in the above-entitled action, unanimously finding as follows as to Defendants
CITY OF LOS ANGELES, ALFRED A. THORNTON AND FRANCISCO

3
4

ULLOA:

5

“TO THIS HONORABLE COURT AND ALL PARTIES:

6
We, the Jury, in the above-entitled case, unanimously answer the questions

7
8
9

submitted to us as follows:
UNLAWFUL SEIZURE

10
11

1.

12

Do you find Plaintiff proved by a preponderance of the evidence that a
defendant unlawfully stopped Mr. Isom on December 4, 2013?

13
14

Please answer as to each Defendant by placing an X to indicate your verdict:
FRANCISCO ULLOA

15
16

Yes_____

No___X___

ALFRED THORNTON Yes_____

No___X__

17
18

Please answer Question (2).

19

EXCESSIVE FORCE

20
21
22
23

2.

Do you find Plaintiff proved by a preponderance of the evidence that a
defendant used excessive force against Mr. Isom?

Please answer as to each Defendant by placing an X to indicate your verdict:

24
25
26
27

FRANCISCO ULLOA

Yes_____

No___X___

ALFRED THORNTON Yes_____

No___X__

Please proceed to answer Question (3).

28

2

1
2

FAILURE TO PREVENT EXCESSIVE FORCE
3.

Do you find Plaintiff proved by a preponderance of the evidence that

3
4

Defendant Thornton failed to prevent another defendant from using excessive

5

force against Plaintiff?

6
7
8
9

Please answer as to Defendant Thornton by placing an X to indicate your verdict:
Yes_____ No___X__
Please proceed to answer Question (4).

10
11
12

FALSE ARREST
5.

Do you find Plaintiff proved by a preponderance of the evidence that any

13
defendant falsely arrested/imprisoned Plaintiff?

14
15
16

FRANCISCO ULLOA

Yes_____

No__X___

ALFRED THORNTON Yes_____ No___X_

17
18

Please proceed to answer Question (5).

19
20
21
22
23

UNLAWFUL SEARCH
5.

Do you find Plaintiff proved by a preponderance of the evidence that
Defendant Thornton unlawfully searched Plaintiff?

24
25
26
27

Please answer as to Defendant Thornton by placing an X to indicate your verdict:
Yes_____ No___X__
Please proceed to answer Question (6).

28

3

1
2

BANE ACT
6.

Do you find Plaintiff proved by a preponderance of the evidence that any

3
4

defendant violated the Bane Act?

5

FRANCISCO ULLOA

Yes_____

No__X__

6
7
8
9

Please proceed to answer Question (7).
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
7.

Do you find Plaintiff proved by a preponderance of the evidence that any

10
11

defendant intentionally inflicted emotional distress against Jamarr Isom?

12

Please answer as to each Defendant by placing an X to indicate your verdict:

13
FRANCISCO ULLOA

14

Yes_____

ALFRED THORNTON Yes_____

15
16

No___X___
No____X_

If your answers are “No” to all questions as to each defendant, stop here, answer

17
18

no further questions, have your presiding juror sign and date this form and notify the

19

Court.

20

If you answer is “Yes” to any Question numbered 1-7 as to any defendant,

21
22

please proceed to answer Question (8) as to that defendant.

23
24
25
26
27

PUNITIVE DAMAGES
8.

Do you find Plaintiff proved by a preponderance of the evidence that any
defendant’s conduct, which you found to violate plaintiff’s rights, was done in

28

4

1
2

an oppressive or malicious manner, and/or done with reckless or callous
disregard to Mr. Isom’s rights?

3
4

FRANCISCO ULLOA Yes_____

No__X____

5

ALFRED THORNTON Yes_____

No___X__

6
7
8
9

Stop here, answer no further questions, have your presiding juror sign and date
this form and notify the Court.

10
11
12

Please have your foreperson sign and date below.
DATED: April 22, 2016

13

Signed: juror no. 5 (name redacted)
Presiding Juror”

14
15
16

Now, therefore, it is ORDERED, ADJUDGED AND DECREED that Plaintiff,
JAMARR ISOM have and recover nothing by reason of his claim as set forth in the

17
18

operative complaint against Defendants CITY OF LOS ANGELES, ALFRED A.

19

THORNTON AND FRANCISCO ULLOA and that Defendants are prevailing

20
21
22

parties and shall recover their costs in accordance with Local Rule 54 in the amount of
_TO BE DETERMINED (per costs bill.)

23
24
25
26
27

DATED: May 18, 2016

__________________________________
HONORABLE ANDRÉ BIROTTE JR.,
JUDGE OF THE UNITED STATES
DISTRICT COURT

28

5