Claiborne v. Blauser et al

Filing 188

FINAL JUDGMENT dated *10/29/2015* signed by District Judge Virginia A. Phillips on 10/26/15. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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12 DENNIS G. CLAIBORNE,

Case No. 2:10-cv-02427-VAP

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Final Judgment

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Plaintiff, )
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v.
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BLAUSER, ET AL.,
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Defendants. )
________________________ )

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18 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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This action came on regularly for trial on October 20,

21 2015, in Courtroom 4 of the above entitled Court, the
22 Honorable Virginia A. Phillips, United States District Judge
23 presiding.

Plaintiff Dennis Claiborne represented himself in

24 this action, and Defendants J. Blauser and G. Martin appeared
25 by their attorneys Timothy H. Delgado and Kelly A. Samson,
26 Deputy Attorney Generals of California.
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A jury of seven persons was regularly impaneled and sworn
to try the action.

Witnesses were sworn and testified.

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On October 22, 2015, after hearing the evidence, the

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arguments of counsel, and the instructions given to the jury

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on excessive force and deliberate indifference under the

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Eighth Amendment, the jury retired to consider its verdict,

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and on October 22, 2015, returned its verdict as to both

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claims raised against each defendant by way of answers to the
questions propounded to it, as follows:

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8th Amendment -- Excessive Force

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Question 1: Did Defendant Blauser use excessive and

15 unnecessary force on Plaintiff?
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(Answer yes or no)

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Blauser: No

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If you answered “yes” to Question 1, please proceed to
Question 2.

If you answered “no” to Question 1, please skip

Questions 2 and 3, and proceed directly to Question 4.

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Question 2: Did Defendant Blauser act maliciously and

22 sadistically for the purpose of causing harm?
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(Answer yes or no)
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Blauser: __________

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If you answered “yes” to Question 2, please proceed to

26 Question 3.
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If you answered “no” to Question 2, please skip

Question 3, and proceed directly to Question 4.

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Question 3: Did Defendant Blauser’s acts cause harm to

2 Plaintiff?
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(Answer yes or no)

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Blauser: __________

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Please proceed to answer Question 4.

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Eighth Amendment -- Deliberate Indifference

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to Serious Medical Needs

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Question 4: Did Plaintiff face a substantial risk of

10 serious harm when Defendant Blauser secured Plaintiff’s cane
11 or handcuffed him behind his back?
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(Answer yes or no)

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Blauser: No

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If you answered “yes” to Question 4, please proceed to

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Question 5.

If you answered “no” to Question 4, please skip

Questions 5 and 6, and proceed directly to Question 7.
Question 5: If you find that Plaintiff faced a

18 substantial risk of serious harm, did Defendant Blauser know
19 about and disregard it by failing to take reasonable measures
20 to address it?
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(Answer yes or no)

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Blauser: __________

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If you answered “yes” to Question 5, please proceed to

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Question 6.

If you answered “no” to Question 5, please skip

Question 6, and proceed directly to Question 7.

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Question 6: Did Defendant Blauser’s actions in securing

2 Plaintiff’s cane or handcuffing him behind his back cause
3 harm to Plaintiff?
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(Answer yes or no)

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Blauser: __________

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If you answered “yes” to Questions 1, 2, and 3, or “yes”
to Questions 4, 5, and 6, or “yes” to Questions 1 through 6,

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please answer Question 7.

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Question 7: If you found that Defendant Blauser violated

10 Plaintiff’s rights on either of his Eighth Amendment claims,
11 what is the amount of compensatory damages you award
12 Plaintiff?
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(Answer yes or no)
Blauser: __________
STOP HERE.

The jury foreperson shall sign and date this

verdict form and return it to the Court.

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17 Dated: October 22, 2015
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By: ________/s/________
JURY FOREPERSON

8th Amendment -- Excessive Force

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Question 1: Did Defendant Martin use excessive and

22 unnecessary force on Plaintiff?
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(Answer yes or no)

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Martin: No

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If you answered “yes” to Question 1, please proceed to

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Question 2.

If you answered “no” to Question 1, please skip

Questions 2 and 3, and proceed directly to Question 4.

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Question 2: Did Defendant Martin act maliciously and

2 sadistically for the purpose of causing harm?
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(Answer yes or no)

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Martin: __________

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If you answered “yes” to Question 2, please proceed to

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Question 3.

If you answered “no” to Question 2, please skip

Question 3, and proceed directly to Question 4.

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Question 3: Did Defendant Martin’s acts cause harm to

9 Plaintiff?
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(Answer yes or no)
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Martin: __________

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Please proceed to answer Question 4.

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Eighth Amendment -- Deliberate Indifference
to Serious Medical Needs

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Question 4: Did Plaintiff face a substantial risk of

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serious harm when Defendant Martin secured Plaintiff’s cane

18 or handcuffed him behind his back?
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(Answer yes or no)
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Martin: No

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If you answered “yes” to Question 4, please proceed to

22 Question 5.

If you answered “no” to Question 4, please skip

23 Questions 5 and 6, and proceed directly to Question 7.
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Question 5: If you find that Plaintiff faced a

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substantial risk of serious harm, did Defendant Martin know

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about and disregard it by failing to take reasonable measures

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(Answer yes or no)

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Martin: __________

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If you answered “yes” to Question 5, please proceed to

4 Question 6.
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If you answered “no” to Question 5, please skip

Question 6, and proceed directly to Question 7.

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Question 6: Did Defendant Martin’s actions in securing

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Plaintiff’s cane or handcuffing him behind his back cause

8 harm to Plaintiff?
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(Answer yes or no)
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Martin: __________
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If you answered “yes” to Questions 1, 2, and 3, or “yes”

12 to Questions 4, 5, and 6, or “yes” to Questions 1 through 6,
13 please answer Question 7.
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Question 7: If you found that Defendant Martin violated

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Plaintiff’s rights on either of his Eighth Amendment claims,
what is the amount of compensatory damages you award

17 Plaintiff?
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(Answer yes or no)
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Martin: __________

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STOP HERE.

The jury foreperson shall sign and date this

21 verdict form and return it to the Court.
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The foreperson shall sign and date this verdict form and

25 return it to the Court
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27 Dated: October 22, 2015

By: ________/s/________
JURY FOREPERSON

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The Court orders that such judgment be entered.

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3 Dated: 10/26/15

VIRGINIA A. PHILLIPS
United States District Judge

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