Ken Sheppard v. County of Los Angeles et al

Filing 154

JUDGMENT by Judge S. James Otero: Plaintiff KEN SHEPPARD shall recover nothing by reason of the complaint, and that defendants shall recover costs from said plaintiff KEN SHEPPARD pursuant to Federal Rule of Civil Procedure 54(d)(1) per cost bill. (MD JS-6, Case Terminated). (lc)

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JS-6 6 RICKEY IVIE (#76864) rivie@imwlaw.com JENNIFER R. JACOBS (#157609) jjacobs@imwlaw.com ANTONIO K. KIZZIE (#279719) akizzie@imwlaw.com IVIE, McNEILL & WYATT 444 S. Flower Street, Suite 1800 Los Angeles, California 90071 Tel. (213) 489-0028 Fax (213) 489-0552 7 Attorneys for Defendants, COUNTY OF LOS ANGELES, et al. 1 2 3 4 5 8 October 3, 2016. VC P UNITED STATES DISTRICT COURT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 CENTRAL DISTRICT OF CALIFORNIA ) CASE NO.: 2:15-CV-2920 SJO (JCx) ) ) Plaintiffs, ) JUDGMENT ) ) vs. ) ) COUNTY OF LOS ANGELES, et.al. ) ) ) Defendants. ) ) ) ) ) ) ) ) KEN SHEPPARD, 25 26 27 28 1 PROPOSED JUDGMENT 1 1. This case came on regularly for trial on September 13, 2016 to 2 September 15, 2016 in Department 1 of this Court, the Honorable S. James Otero 3 presiding; the plaintiff appearing by Attorney Franklin L. Ferguson, Jr. from LAW 4 OFFICE OF FRANKLIN L. FERGUSON, JR. and defendant appearing by 5 Attorneys Rickey Ivie and Antonio K. Kizzie from IVIE, MCNEILL & WYATT. 6 7 8 9 2. A jury of 8 persons was regularly impaneled and placed under oath. Witnesses were placed under oath and testified. After hearing the evidence and arguments of counsel, the jury was duly instructed by the Court and the cause was submitted to the jury with directions to return a verdict on special issues. The jury 10 deliberated and thereafter returned into court with its special verdict consisting of 11 the special issues submitted to the jury and the answers given thereto by the jury, 12 13 14 15 which said verdict was in words and figures as follows, to wit: “WE, THE JURY in the above-entitled action, unanimously find as follows on the questions submitted to us: QUESTION NO. 1 16 Do you find that plaintiff proved by a preponderance of the evidence that 17 18 19 Deputy Caroline Rodriguez violated the constitutional rights of plaintiff Ken Sheppard by unreasonably searching plaintiff or his vehicle? YES_____ 20 21 22 NO__X___ QUESTION NO. 2 Do you find that Plaintiff Ken Sheppard has proved by a preponderance of 23 the evidence that the Deputy Caroline Rodriguez’s conduct was the cause of injury 24 to Plaintiff Ken Sheppard? 25 YES_____ NO__X___ 26 27 28 2 PROPOSED JUDGMENT 1 2 QUESTION NO. 3 Do you find that plaintiff proved by a preponderance of the evidence that 3 Deputy Tai Plunkett violated the constitutional rights of plaintiff Ken Sheppard by 4 unreasonably searching plaintiff or his vehicle? YES_____ 5 6 7 NO__X___ QUESTION NO. 4 Do you find that Plaintiff Ken Sheppard has proved by a preponderance of 8 the evidence that the Deputy Tai Plunkett’s conduct was the cause of injury to 9 Plaintiff Ken Sheppard? 10 11 12 YES_____ NO__X___ QUESTION NO. 5 Do you find that plaintiff proved by a preponderance of the evidence that 13 Deputy Bonnie Hanson violated the constitutional rights of plaintiff Ken Sheppard by 14 unreasonably searching plaintiff or his vehicle? 15 YES_____ 16 17 NO__X___ QUESTION NO. 6 18 Do you find that Plaintiff Ken Sheppard has proved by a preponderance of 19 the evidence that the Deputy Bonnie Hanson’s conduct was the cause of injury to 20 Plaintiff Ken Sheppard? YES_____ 21 22 NO__X___ QUESTION NO. 7 23 Do you find that plaintiff proved by a preponderance of the evidence that 24 Deputy Bonnie Hanson violated the constitutional rights of plaintiff Ken Sheppard by 25 unreasonably seizing plaintiff? 26 YES_____ NO__X___ 27 28 3 PROPOSED JUDGMENT 1 2 QUESTION NO. 8 Do you find that Plaintiff Ken Sheppard has proved by a preponderance of 3 the evidence that Deputy Bonnie Hanson’s conduct was the cause of injury to 4 Plaintiff Ken Sheppard? YES_____ 5 6 7 NO__X___ QUESTION NO. 9 Do you find that plaintiff proved by a preponderance of the evidence that 8 Deputy Tai Plunkett violated the constitutional rights of plaintiff Ken Sheppard by 9 excessive force against plaintiff? 10 11 12 YES_____ NO__X___ QUESTION NO. 10 Do you find that Plaintiff Ken Sheppard has proved by a preponderance of 13 the evidence that the Deputy Tai Plunkett’s conduct was the cause of injury to 14 Plaintiff Ken Sheppard? 15 16 17 YES_____ NO__X___ It appearing by reason of said special verdict that: Defendant DEPUTIES 18 CAROLINE RODRIGUEZ, TAI PLUNKETT and BONNIE HANSON are 19 entitled to judgment against the plaintiff KEN SHEPPARD. 20 Now, therefore, it is ORDERED, ADJUDGED, AND DECREED that said 21 Plaintiff KEN SHEPPARD shall recover nothing by reason of the complaint, and 22 that defendants shall recover costs from said plaintiff KEN SHEPPARD pursuant 23 to Federal Rule of Civil Procedure 54(d)(1) per cost bill. 24 Dated: October 3, 2016 ______________________________________ 25 THE HONORABLE S. JAMES OTERO 26 UNITED STATES DISTRICT JUDGE 27 28 4 PROPOSED JUDGMENT

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