Nicole Juarez Zelaya v. City of Los Angeles

Filing 129

FINAL JUDGMENT 123 by Judge Otis D. Wright, II : Total judgment in the sum of $13,500,000, plus costs, pursuant to Federal Rule of Civil Procedure 54(d)(1), interest calculated from the date of the entry of judgment, at the rate specified by 28 U.S.C. §1961, and reasonable statutory attorneys' fees and costs as may be awarded by the court, is entered against the City of Los Angeles, Dustin Richmond, and Joseph Hunt and in favor of Plaintiff Nicole Zelaya. Plaintiff Nicole Zelaya is the prevailing party and may apply to the court for an award of costs and reasonable statutory attorneys fees as permitted by federal and state law. (lc)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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11 NICOLE JUAREZ ZELAYA,
Individually and as Successor-In12 Interest to Decedent, JACOB JUAREZ
CEDILLO,
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Plaintiff,
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v.
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CITY OF LOS ANGELES; DUSTIN
16 RICHMOND; JOSEPH HUNT,
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Case No. 2:20-cv-08382-ODW (MAAx)
JOINT FINAL JUDGMENT

Defendants.

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The trial of this action began on October 10, 2023, in Courtroom 5D of the

20 United States District Court, Central District of California, Honorable Otis D.
21 Wright, II, presiding. Plaintiff Nicole Zelaya was represented at trial by attorneys
22 Dale K. Galipo, Michael S. Carrillo, and Renee V. Masongsong. Defendants City of
23 Los Angeles, Joseph Hunt, and Dustin Richmond were represented at trial by
24 Thomas Hurrell and Diane Martinez.
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A jury was regularly empaneled and sworn. Witnesses were sworn and

26 testified. After hearing evidence and arguments of counsel, the jury was duly
27 instructed by the Court and the case was submitted to the jury. The jury deliberated
28 and thereafter returned a verdict as follows:

1 QUESTION 1: Did either of the officer defendants use excessive force or restraint
2 against Jacobo Cedillo?
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Dustin Richmond

X

YES

NO

Joseph Hunt

X

YES

NO

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If you answered YES to any Defendant(s) in Question No. 1, answer Question No.
2 only as to that Defendant(s). If you answered NO as to all Defendants, then go
to Question No. 3.

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QUESTION 2: Was the use of excessive force or restraint against Jacobo Cedillo
by the officer defendant(s) a cause of harm, injury, damage, or death to Jacobo
Cedillo?

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Dustin Richmond

X

YES

NO

Joseph Hunt

X

YES

NO

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Proceed to Question No. 3.

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1 QUESTION 3: Did any of the officer defendants interfere with the Plaintiff’s
2 familial relationship with her father, Jacobo Cedillo?
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Dustin Richmond

X

YES

___________ NO

Joseph Hunt

X

YES

___________ NO

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Proceed to Question No. 4.

QUESTION 4: Did the City of Los Angeles fail to properly train Officers
Richmond and/or Hunt with respect to the risks of prone restraint and/or the risks of
positional and/or restraint asphyxia?

X

YES

___________ NO

If you answered YES to Question No. 4, answer Question No. 5. If you answered
NO, go to the Instructions for Question No. 7.

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QUESTION 5: Was the City of Los Angeles deliberately indifferent to the known
or obvious consequence of its failure to train Officers Richmond and/or Hunt?

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X

YES

___________ NO

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If you answered YES to Question No. 5, answer Question No. 6. If you answered
NO, go to the Instructions above Question No. 7.

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1 QUESTION 6: Was the City of Los Angeles’ failure to train Officers Richmond
2 and/or Hunt with respect to the risks of prone restraint and/or the risks of positional
3 and/or restraint asphyxia a moving force behind the injury, damage, harm or death
4 to Jacobo Cedillo?
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X

YES

___________ NO

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8 Please proceed to the Instructions above Question No. 7.
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DAMAGES
Instructions: Answer Question No. 7 only if you answered YES to

14 Questions Nos. 2 and/or 6.
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QUESTION 7: What are Jacobo Cedillo’s damages for his pre-death pain and
suffering and loss of life?

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Pre-death pain and suffering

$6,000,000

Loss of life

$6,000,000

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Instructions: Answer Question No. 8 only if you answered YES to Question No. 3
or Question No. 6.

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1 QUESTION 8: What are Plaintiff Nicole Zelaya’s wrongful death damages for the
2 loss of her father, Jacobo Cedillo?
3 Nicole Zelaya’s past wrongful death damages
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5 Nicole Zelaya’s future wrongful death damages

$1,000,000
$500,000

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7 NOW THEREFORE IT IS ORDERED, ADJUDGED AND DECREED that
8 final judgment in this action be entered as follows:
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Total judgment in the sum of $13,500,000, plus costs, pursuant to Federal

10 Rule of Civil Procedure 54(d)(1), interest calculated from the date of the entry of
11 judgment, at the rate specified by 28 U.S.C. §1961, and reasonable statutory
12 attorneys’ fees and costs as may be awarded by the court, is entered against the City
13 of Los Angeles, Dustin Richmond, and Joseph Hunt and in favor of Plaintiff Nicole
14 Zelaya. Plaintiff Nicole Zelaya is the prevailing party and may apply to the court for
15 an award of costs and reasonable statutory attorneys’ fees as permitted by federal
16 and state law.
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IT IS SO ORDERED.

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19 Dated: November 13, 2023
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_____________________________
Honorable Otis D. Wright, II
United States District Court
Central District of California

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