Turner, Jr. v. County of Kern et al

Filing 147

STIPULATION TO DISMISS all Claims Against Defendant: Deputy Aaron Nadal; ORDER, signed by District Judge Anthony W. Ishii on 05/02/14. Deputy Aaron Nadal terminated. (Martin-Gill, S)

ROBINSON & KELLAR
ATTORNEYS AT LAW
3434 TRUXTUN AVENUE, SUITE 150
BAKERSFIELD, CALIFORNIA 93301
TELEPHONE [phone]
FAX [phone]

MICHAEL C. KELLAR

SBN: 80251

Attorneys for Defendant, DEPUTY AARON NADAL (public employee - fee exempt)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

DAVID LEE TURNER, JR, as Successor
in Interest to DAVID LEE TURNER, SR,
deceased, ALFONSO TURNER, AHMAD
TURNER, WHITTNEY TURNER,
JALISA TURNER, TIFFANY TURNER,
NACOLE TURNER, DESMOND
TURNER,

) Case No. 1:11-CV-01366-AWI-SKO
)
) STIPULATION TO DISMISS ALL CLAIMS
) AGAINST DEFENDANT DEPUTY
) AARON NADAL; ORDER
)
)
)
Plaintiffs,
)
)
vs.
)
)
COUNTY OF KERN, a municipal
)
corporation; DEPUTY WESLEY KRAFT, )
an individual; DEPUTY AARON NADAL, )
an individual; DONNY YOUNGBLOOD, )
an individual, and DOES 1 through 10,
)
inclusive,
)
)
Defendants.
)
____________________________________)
RECITALS
WHEREAS, the plaintiffs filed the First Amended Complaint in the above-entitled
action on October 28, 2011; and

WHEREAS, DEPUTY AARON NADAL was named as a Defendant in the First
Amended Complaint; and,
WHEREAS this action came on regularly for Trial on February 25, 2014, in Courtroom
2, of the above-entitled Court, the Honorable Anthony Ishii, Judge presiding. Plaintiffs, DAVID
LEE TURNER, JR., ALFONSO TURNER, AHMAD TURNER, WHITTNEY TURNER,
JALISA TURNER, TIFFANY TURNER, NICOLE TURNER, and DESMOND TURNER,
appearing by Brian T. Dunn and Gerson S. Horn; Defendant DEPUTY WESLEY KRAFT,
appearing by Deputy County Counsel Marshall S. Fontes; and Defendant DEPUTY AARON
NADAL appearing by attorney Michael C. Kellar; and,
WHEREAS, a jury of eight persons was impaneled and sworn in at the Trial. Witnesses
were sworn and testified. After hearing the evidence and arguments of the parties and 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 then deliberated and on March 6, 2014, returned
into Court with their verdict consisting of unanimous answers to some of the special issues
submitted to the jury and the answer given thereto by the jury, which said verdict was in words
and figures as follows, to wit:
SPECIAL VERDICT
We, the jury in the above-entitled action, answer the questions submitted to us as follows:
I.

Section 1983 - Fourth Amendment - Unreasonable Seizure
1.

Did Deputy Wesley Kraft intentionally and unreasonably seize David Turner, Sr.,

in violation of the Fourth Amendment, prior to the shooting?
YES

NO X

2.

Did Deputy Aaron Nadal intentionally and unreasonably seize David Turner, Sr.,

in violation of the Fourth Amendment, prior to the shooting?
YES
II.

NO X

Section 1983 - Fourth Amendment - Unreasonable Search
3.

Did Deputy Wesley Kraft intentionally and unreasonably search David Turner,

Sr., in violation of the Fourth Amendment, prior to the shooting?
YES
III.

NO X

Section 1983 - Fourth Amendment - Excessive Force - Non-Shooting Conduct
4.

Did Deputy Wesley Kraft use excessive force against David Turner, Sr., in

violation of the Fourth Amendment, prior to the shooting?
YES
5.

NO

X

Did Deputy Aaron Nadal use excessive force against David Turner, Sr., in

violation of the Fourth Amendment, prior to the shooting?
YES

NO

X

NOW THEREFORE COME THE PARTIES, through their respective counsel, and do
hereby stipulate pursuant to Federal Rules of Civil Procedure, Rule 41(a)(A)(ii), that all claims
alleged by Plaintiffs in the First Amended Complaint against Defendant DEPUTY AARON
NADAL, shall be dismissed, with prejudice.
Defendant DEPUTY AARON NADAL agrees to waive any costs that were incurred by
him or on his behalf in connection with the defense of this lawsuit.
THE COCHRAN FIRM – CALIFORNIA

Date: April ____, 2014

By
BRIAN T. DUNN

Attorneys for Plaintiffs
DAVID LEE TURNER, JR.,
ALFONSO TURNER, AHMAD
TURNER, WHITTNEY TURNER,
JALISA
TURNER,
TIFFANY
TURNER, NICOLE TURNER, and
DESMOND TURNER

Date: April ____, 2014

OFFICE OF THE COUNTY COUNSEL,
COUNTY OF KERN

By
S. MARSHALL FONTES
Attorneys for Defendants,
COUNTY OF KERN
DEPUTY WESLEY KRAFT

Date: April ____, 2014

ROBINSON & KELLAR

By
MICHAEL C. KELLAR
Attorneys for Defendant,
DEPUTY AARON NADAL
ORDER
The parties having stipulated, and good cause appearing, the Court ORDERS:
The stipulation to dismiss all claims against defendant Deputy Aaron Nadal is
GRANTED.

IT IS SO ORDERED.
Dated: May 2, 2014
SENIOR DISTRICT JUDGE