Barbara Padilla et al v. City of Anaheim et al

Filing 74

JUDGMENT ON JURY VERDICT by Judge James V. Selna, in favor of City of Anaheim and David Garcia against Barbara Padilla, Mario Ceja (MD JS-6, Case Terminated). (nbo)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CALIFORNIA 92805
[phone]
FAX [phone]

OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM

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BARBARA PADILLA AND
MARIO CEJA,

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Plaintiffs,
v.
CITY OF ANAHEIM, ANAHEIM
POLICE DEPARTMENT, AND
DOE OFFICERS OF THE
ANAHEIM POLICE
DEPARTMENT, AND DOES 1
through 10, Inclusive,,
Defendants.

Case No.:

SACV12-622 JVS(JPRx)

Assigned to: Hon. James V. Selna
Dept.:
10C
JUDGMENT ON JURY VERDICT

Trial Date: September 24, 2013
Time:
9:00 a.m.
Place:
Ctrm. 10C
Action Filed:
Trial Date:

4/20/12
9/24/13

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Case No. SACV10-1159 CJC (JPRx)

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This action came on regularly for trial on September 24, 2013 in

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Courtroom 10C of the United States District Court, the Hon. James V. Selna,

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presiding; the Plaintiffs appeared by attorney Federico Sayre, Sayre & Levitt,

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LLP, and the Defendants appeared by attorney Moses W. Johnson, IV, Assistant

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City Attorney.

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A jury of 8 persons was regularly impaneled and sworn. Witnesses were

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sworn and testified. After hearing the evidence and arguments of counsel, the

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jury was duly instructed by the Court and the cause was submitted to the jury

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with directions to return a special verdict. The jury deliberated and thereafter

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returned into Court with its verdict as follows:

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1.

Did Plaintiffs prove by a preponderance of the evidence that Officer

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Garcia violated Marcel Ceja's civil rights under federal law or his rights under

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state law through the use unreasonable (excessive) force in arresting or detaining,

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preventing the escape of, or overcoming the resistance of, Marcel Ceja?

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Yes

X

No

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2.

Did Plaintiffs prove by a preponderance of the evidence that Officer

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Garcia violated the Fourteenth Amendment by acting maliciously and

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sadistically for the purpose of causing harm to Marcel Ceja unrelated to the

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legitimate law enforcement purposes of taking him into custody, arrest or self-

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defense?

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Yes

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///

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///

X

No

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3.

Did Plaintiffs prove by a preponderance of the evidence that Officer

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Garcia was negligent in using deadly force under the totality of the

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circumstances?

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Yes

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No

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It appearing by reason of said verdict that: Defendants are entitled to
judgment against Plaintiff.

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NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED

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that said Plaintiff take nothing by their complaint filed herein on April 20, 2012

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and September 27, 2012, and that Defendants City of Anaheim and David Garcia

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have and recover from Plaintiff, their costs to be awarded at a later date.

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Dated: October 07, 2013

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HON. JAMES V. SELNA
United States Judge

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