Andrew Trevor Clarke v. City of Fullerton et al

Filing 198

JUDGMENT by Judge Josephine L. Staton (MD JS-6, Case Terminated). (twdb)

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1 JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION 10 11 ANDREW TREVOR CLARKE, CASE NO. SACV12 373 JLS (JPRx) Plaintiff, 12 vs. 13 14 CARY TONG and JAMES BOLDEN individually and as a peace officers, 15 Defendants. 16 JUDGMENT Trial: October 8, 2013 17 18 19 On August 26, 2013, pursuant to this Court’s Minute Order granting, in part, 20 Defendants City of Fullerton, Michael Sellers and Officers Cary Tong and James 21 Bolden’s Rule 56 Motion this Court granted judgment in favor of City of Fullerton 22 and Michael Sellers on plaintiff Andrew Trevor Clarke’s Monell claim pursuant to 23 42 U.S.C. §1983. 24 Thereafter, on October 11, 2013, on Special Verdict, the jury found in favor 25 of Defendants Officers Cary Tong and James Bolden as follows, 26 / / / 27 / / / LEWI S BRISBOI S BISGAAR 28 / / / 4833-3576-2198.1 [PROPOSED] JUDGMENT 1 Question # 1: Did Cary Tong retaliate against Andrew Trevor Clarke 2 because Andrew Trevor Clarke was exercising his First Amendment right? __________ YES 3 ____x____ NO 4 5 Question # 2: 6 Did Cary Tong use excessive force against Andrew Trevor Clarke? __________ YES 7 _____x_____ NO 8 9 Question # 3: 10 Did James Bolden use excessive force against Andrew Trevor Clarke? __________ YES 11 _____x_____ NO 12 13 PURSUANT TO THIS COURT’S MINUTE ORDER OF AUGUST 26, 14 2013 FINDING IN FAVOR OF CITY OF FULLERTON AND MICHAEL 15 SELLERS, 16 IT IS HEREBY ORDERED, ADJUDGED AND DECREED Defendants City 17 of Fullerton and Michael Sellers shall have judgment entered in their favor on 18 plaintiff Andrew Trevor Clarke’s Monell claim pursuant to 42 U.S.C. §1983; and 19 PURSUANT TO THE JURY’S VERDICT OF OCTOBER 11, 2013 20 FINDING IN FAVOR OF DEFENDANTS OFFICERS CARY TONG AND 21 JAMES BOLDEN, 22 IT IS HEREBY ORDERED, ADJUDGED AND DECREED Defendants 23 Officers Cary Tong and James Bolden shall have judgment entered in their favor on 24 plaintiff Andrew Trevor Clarke’s claim of excessive force pursuant to 42 U.S.C. 25 §1983; and 26 IT IS HEREBY ORDERED, ADJUDGED AND DECREED Defendant Cary 27 Tong shall have judgment entered in his favor on plaintiff Andrew Trevor Clarke’s 28 claim of Violation of Andrew Trevor Clarke’s rights under the First Amendment 2 JUDGMENT 1 pursuant to 42 U.S.C. §1983; and 2 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Andrew 3 Trevor Clarke take nothing and Defendants City of Fullerton, Michael Sellers, Cary 4 Tong and James Bolden shall recover costs of suit. 5 6 7 DATED: October 22, 2013 8 UNITED STATES DISTRICT COURT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 JUDGMENT

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