Benjamin Phillips v. William Bratton et al
Filing
135
"AMENDED" JUDGMENT AFTER TRIAL BY JURY 130 by Judge Christina A. Snyder: IT IS HEREBY ORDERED, DECREED AND ADJUDGED that judgment on the merits be entered in favor of Defendants City of Los Angeles, a local public entity, Chief William Br atton, an individual, Officers David Burrus and David Guiterman and against Plaintiff Benjamin Phillips; that Plaintiff Benjamin Phillips take nothing; and that Defendants City of Los Angeles, a local public entity, Chief William Bratton, an individual, Officers David Burrus and David Guiterman be entitled to recover from Plaintiff Benjamin Phillips, their costs relating to the defense of this action, per the cost bill (to be determined from the Bill of Costs). (gk)
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1 2 3 4 5 6 7 8 9 10 11 BENJAMIN PHILLIPS, an individual 12 13 14 vs. Plaintiff ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 07-00873CAS(VBKx)
Honorable Christina A. Snyder Courtroom 5
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
[PROPOSED] "AMENDED" JUDGMENT AFTER TRIAL BY JURY
CHIEF WILLIAM BRATTON, CITY OF 15 LOS ANGELES, a local public entity, SERGEANTS BURRUS and MENDEZ, 16 OFFICERS GUITERMAN, THUSING and EGUEZ and DOES 1-10 17 Defendants. 18 ________________________________ 19
This action came on regularly for trial on October 14, 2008, in Courtroom 5 of the
20 United States District Court for the Central District of California before the Honorable 21 Christina A. Snyder, Judge. Plaintiff BENJAMIN PHILLIPS was represented by John 22 Raphling and Paul Hoffman. The Defendants, CITY OF LOS ANGELES, WILLIAM J. 23 BRATTON, and DAVID GUITERMAN, were represented by Deputy City Attorney 24 Surekha A. Pessis and Deputy City Attorney Christian R. Bojorquez. 25 A jury of eight (8) persons were regularly empaneled and sworn. Witnesses were 26 sworn and testified and documentary evidence was introduced and admitted into 27 evidence. After hearing the evidence and arguments of counsel, the jury was duly 28 instructed by the Court and the cause was submitted to the jury with directions to return a verdict on the issues if, after proper deliberations, they could do so. The jury deliberated
1 and thereafter returned to the court with their unanimous verdict as follows, to-wit: 2 3 4 5 "TITLE OF COURT AND CAUSE" 6 8 9 QUESTION NO. 1: 10 12 13 Answer (check "yes" or "no"): 14 15 16 18 19 20 QUESTION NO. 2: 21 If you find that Officer David Guiterman used excessive force against Plaintiff 22 Benjamin Phillips was officer David Guiterman's conduct malicious, oppressive or in 23 reckless disregard of Plaintiff's rights.? 24 25 26 27 28 Yes _____ No _____ If you answered "No," please proceed to Page 3 and sign the Verdict Form. If you answered "Yes," please proceed to Page 3 and sign the Verdict Form. If you answered "No," to Question No. 1, please sign and date the Verdict Form at If you answered "Yes," please proceed to Question No. 2. 17 page 2. Yes _____ No W Did Plaintiff Benjamin Phillips prove by a preponderance of the evidence that 11 Officer David Guiterman used excessive force against him? "WE, THE JURY, in the above-entitled action, unanimously find on the questions 7 presented as follows: JURY VERDICT
1 The foreperson is required to sign below once you have reached your unanimous 2 verdict. 3 4 Dated: October ___, 2008 5 6 7 8 9 Therefore, IT IS HEREBY ORDERED, DECREED AND ADJUDGED that 10 judgment on the merits be entered in favor of Defendants CITY OF LOS ANGELES, a 11 local public entity, CHIEF WILLIAM BRATTON, an individual, OFFICERS DAVID 12 BURRUS and DAVID GUITERMAN and against Plaintiff BENJAMIN PHILLIPS; that 13 Plaintiff BENJAMIN PHILLIPS take nothing; and that Defendants CITY OF LOS 14 ANGELES, a local public entity, CHIEF WILLIAM BRATTON, an individual, 15 OFFICERS DAVID BURRUS AND DAVID GUITERMAN be entitled to recover from 16 Plaintiff BENJAMIN PHILLIPS, their costs relating to the defense of this action, per the 17 cost bill in the amount of $__________________________. (To be determined from the 18 Bill of Costs.) 19 20 21 22 23 24 25 26 27 28 Dated: November 14, 2008 _________________________________ CHRISTINA A. SNYDER United States District Judge JUDGMENT [Signed by FOREPERSON OF THE JURY ]
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