George Barton III et al v. City of Los Angeles et al
Filing
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JUDGMENT ON SPECIAL VERDICT entered in favor of the defendants and against the plaintiffs. Plaintiffs shall take nothing. Defendants recover their costs of suit by Judge S. James Otero. Related to: Jury Trial - Completed, 72 (MD JS-6, Case Terminated). (lc)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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GEORGE BARTON III, LAUREN
BARTON, LAUREN BARTON, as
12 GUARDIAN AD LITEM for G.B.(a),
a minor and G.B.(b), a minor,
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)
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Plaintiffs,
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v.
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CITY OF LOS ANGELES, CITY OF )
LOS ANGELES POLICE
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DEPARTMENT and DOES 1 through )
100, inclusive,
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Defendants.
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______________________________ )
CASE NO. CV10-8434 SJO (JEMx)
JUDGMENT ON SPECIAL VERDICT
Trial Judge:
S. James Otero
Courtroom: 1
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This action came on regularly for trial by jury on May 4, 2012, with attorney
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CHRISTOPHER DRISCOLL and GLEN T. JONAS appearing for Plaintiffs GEORGE
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BARTON III, LAUREN BARTON and LAUREN BARTON, as GUARDIAN AD
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LITEM for G.B.(a), a minor and G.B. IV(b), a minor and Defendants, CITY OF LOS
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ANGELES, LOS ANGELES POLICE DEPARTMENT, CARLOS LOZANO,
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SALVADOR CERVANTES, GRANT GOOSBY and MATTHEW STICKNEY
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appearing in person and by and through RICHARD M. ARIAS, Deputy City Attorney;
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a jury of eight persons duly impaneled and sworn; witnesses testified; evidence was
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received; and after being duly instructed by the court, the jury deliberated and thereon
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returned the following special verdict:
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JUDGMENT ON SPECIAL VERDICT
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“TITLE OF COURT AND CAUSE”
“WE, THE JURY, IN THE ABOVE-ENTITLED CAUSE, UNANIMOUSLY
FIND AS FOLLOWS:
Please answer by unanimous vote the following questions by placing an X in the
space following the appropriate response:
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QUESTION NO. 1:
Has plaintiff George Barton, III proved by a preponderance of the evidence that
defendants used excessive force when they took him into custody?
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Carlos Lozano
Yes
No X
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Matthew Stickney
Yes
No X
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Grant Gooseby
Yes
No X
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Salvador Cervantes
Yes
No X
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If your answer to Question #1 is “yes” for any of the officers, then proceed to
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Question #2. If your answer to Question #1 is “no” for all of the officers then skip to
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question #3.
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QUESTION NO. 2:
Has plaintiff George Barton, III proved by a preponderance of the evidence that
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defendants’ use of excessive force was the moving force that caused the ultimate injury
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to him?
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Carlos Lozano
Yes
No
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Matthew Stickney
Yes
No
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Grant Gooseby
Yes
No
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Salvador Cervantes
Yes
No
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Proceed to Question #3.
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QUESTION NO. 3:
Has plaintiff George Barton, III proved by a preponderance of the evidence that
defendants arrested Plaintiff without probable cause?
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Carlos Lozano
Yes
No X
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Matthew Stickney
Yes
No X
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Grant Gooseby
Yes
No X
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Salvador Cervantes
Yes
No X
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If your answer to Question #3 is “yes” for any of the officers, then proceed to
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Question #4. If your answer to Question #3 is “no” for all of the officers then skip to
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Question #5.
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QUESTION NO. 4:
Has plaintiff George Barton, III proved by a preponderance of the evidence that
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defendants’ unreasonable seizure of him (arrest without probable cause) was the
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moving force that caused the ultimate injury to him?
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Carlos Lozano
Yes
No
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Matthew Stickney
Yes
No
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Grant Gooseby
Yes
No
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Salvador Cervantes
Yes
No
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Proceed to Question #5.
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QUESTION NO. 5:
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As to George Barton, III, if you determined that any defendant was a cause of
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harm in any of the above questions 2 or 4, what are the damages suffered by George
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Barton III?
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$
0
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QUESTION NO. 6:
Did Plaintiff Lauren Barton prove by a preponderance of the evidence that
Defendants’ Conduct was outrageous?
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Carlos Lozano
Yes
No X
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Matthew Stickney
Yes
No X
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Grant Gooseby
Yes
No X
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Salvador Cervantes
Yes
No X
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If your answer to Question #6 is “yes” for any of the officers, then proceed to
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Question #7. If your answer to Question #6 is “no” for all of the officers then skip to
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question #10.
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QUESTION NO. 7:
Did the following defendants act with reckless disregard of the probability that
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Lauren Barton would suffers severe emotional distress knowing that Lauren Barton was
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present when the conduct occurred?
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Carlos Lozano
Yes
No
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Matthew Stickney
Yes
No
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Grant Gooseby
Yes
No
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Salvador Cervantes
Yes
No
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If your answer to Question #7 is “yes” for any of the officers, then proceed to
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Question #8. If your answer to Question #7 is “no” for all of the officers then skip to
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question #10.
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QUESTION NO. 8:
Was the following defendants’ conduct a substantial factor in causing Lauren
Barton severe emotional distress?
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Carlos Lozano
Yes
No
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Matthew Stickney
Yes
No
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Grant Gooseby
Yes
No
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Salvador Cervantes
Yes
No
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If your answer to Question #8 is “yes” for any of the officers, then proceed to
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Question #9. If your answer to Question #8 is “no” for all of the officers then skip to
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question 10.
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QUESTION NO. 9:
What are the damages suffered by Lauren Barton?
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$________________
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QUESTION NO. 10:
Did Plaintiff Geanna Barton prove by a preponderance of the evidence that
Defendants’ conduct was outrageous?
Carlos Lozano
Yes
No X
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Matthew Stickney
Yes
No X
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Grant Gooseby
Yes
No X
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Salvador Cervantes
Yes
No X
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If your answer to Question #10 is “yes” for any of the officers, then proceed to
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Question #11. If your answer to Question #10 is “no” for all of the officers then skip to
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question #14.
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QUESTION NO. 11:
Did the following defendants act with reckless disregard of the probability that
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Geanna Barton would suffer severe emotional distress knowing that Geanna Barton was
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present when the conduct occurred?
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Carlos Lozano
Yes
No
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Matthew Stickney
Yes
No
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Grant Gooseby
Yes
No
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Salvador Cervantes
Yes
No
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If your answer to Question #11 is “yes” for any of the officers, then proceed to
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Question #12. If your answer to Question #11 is “no” for all of the officers then skip to
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question #14.
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QUESTION NO. 12:
Was the following defendants’ conduct a substantial factor in causing Geanna
Barton’s severe emotional distress?
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Carlos Lozano
Yes
No
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Matthew Stickney
Yes
No
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Grant Gooseby
Yes
No
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Salvador Cervantes
Yes
No
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If your answer to Question #12 is “yes” for any of the officers, then proceed to
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Question #13. If your answer to Question #12 is “no” for all of the officers then skip to
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question 14.
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QUESTION NO. 13:
What are the damages suffered by Geanna Barton?
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$
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QUESTION NO. 14:
Did Plaintiff George Barton IV prove by a preponderance of the evidence that
Defendants’ conduct was outrageous?
Carlos Lozano
Matthew Stickney
Grant Gooseby
Salvador Cervantes
Yes
Yes
Yes
Yes
No
No
No
No
X
X
X
X
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If your answer to Question #14 is “yes” for any of the officers, then proceed to
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Question #15. If your answer to Question #14 is “no” for all of the officers then skip to
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question #17.
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QUESTION NO. 15:
Did the following defendants act with reckless disregard of the probability that
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George Barton, IV would severe suffer emotional distress knowing that George Barton
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IV was present when the conduct occurred?
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Carlos Lozano
Yes
No
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Matthew Stickney
Yes
No
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Grant Gooseby
Yes
No
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Salvador Cervantes
Yes
No
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If your answer to Question #15 is “yes” for any of the officers, then proceed to
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Question #16. If your answer to Question #15 is “no” for all of the officers then skip to
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question #18.
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QUESTION NO. 16:
Was the following defendants’ conduct a substantial factor in causing George
Barton IV severe emotional distress?
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Carlos Lozano
Yes
No
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Matthew Stickney
Yes
No
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Grant Gooseby
Yes
No
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Salvador Cervantes
Yes
No
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If your answer to Question #16 is “yes” for any of the officers, then proceed to
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Question #17. If your answer to Question #16 is “no” for all of the officers then skip to
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question 18.
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QUESTION NO. 17:
What are the damages suffered by George Barton IV?
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$
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PROCEED TO QUESTION NO. 18.
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QUESTION NO. 18:
If you answered any questions in 2 or 4 as “Yes” as to any defendant answer this
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question, but only as to those defendants for which you marked “Yes” in 2 or 4. Do
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you find by a preponderance of the evidence that any of the officers acted with malice,
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oppression, or in reckless disregard for George Barton, III’s rights?
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Carlos Lozano
Yes
No
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Matthew Stickney
Yes
No
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Grant Gooseby
Yes
No
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Salvador Cervantes
Yes
No
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If your answer to Question #18 is “yes” for any of the officers, then proceed to
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Question #19. If your answer to Question #18 is “no” for all of the officers then skip to
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question #20.
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QUESTION NO. 19:
As to each of the following officers for whom you marked yes in the prior
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question, what is the total amount of punitive damages, if any, that you award against
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the officer in favor of George Barton, III?
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Carlos Lozano
Yes
No
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Matthew Stickney
Yes
No
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Grant Gooseby
Yes
No
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Salvador Cervantes
Yes
No
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Proceed to Question #20.
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QUESTION NO. 20:
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If you answered any questions in 8 as “Yes” as to any defendant, answer this
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question, but only as to those defendants for which you marked “Yes” in 8. Do you
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find by clear and convincing evidence that any of the officers acted with malice,
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oppression, or in reckless disregard for Lauren Barton’s rights?
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Carlos Lozano
Yes
No
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Matthew Stickney
Yes
No
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Grant Gooseby
Yes
No
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Salvador Cervantes
Yes
No
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If you answer to Question #20 is “yes” for any of the officers, then proceed to
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Question #21. If your answer to Question #20 is “no” for all of the officers then skip to
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question #22.
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QUESTION NO. 21:
As to each of the following officers, what is the total amount of punitive
damages, if any, that you award against the officer in favor of Lauren Barton?
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Carlos Lozano
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Matthew Stickney
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Grant Gooseby
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Salvador Cervantes
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Proceed to Question #22.
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QUESTION NO. 22:
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If you answered any questions in 12 as “Yes” as to any defendant, answer this
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question, but only as to those defendants for which you marked “Yes” in 12. Do you
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find by clear and convincing evidence that any of the officers acted with malice,
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oppression, or in reckless disregard for Geanna Barton’s rights?
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Carlos Lozano
Yes
No
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Matthew Stickney
Yes
No
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Grant Gooseby
Yes
No
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Salvador Cervantes
Yes
No
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If your answer to Question #22 is “yes” for any of the officers, then proceed to
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Question #23. If your answer to Question #22 is “no” for all of the officers then skip to
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question #24.
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QUESTION NO. 23:
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As to each of the following officers, what is the total amount of punitive
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damages, if any, that you award against the officer in favor of Geanna Barton?
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Carlos Lozano
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Matthew Stickney
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Grant Gooseby
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Salvador Cervantes
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Proceed to Question #24.
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QUESTION NO. 24:
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If you answered any questions in 15 as “Yes” as to any defendant, answer this
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question, but only as to those defendants for which you marked “Yes” in 15. Do you
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find by clear and convincing evidence that any of the officers acted with malice,
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oppression, or in reckless disregard for George Barton, IV’s rights?
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Carlos Lozano
Yes
No
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Matthew Stickney
Yes
No
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Grant Gooseby
Yes
No
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Salvador Cervantes
Yes
No
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If you answer to Question #24 is “yes” for any of the officers, then proceed to
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Question #25. If your answer to Question #25 is “no” for all of the officers, Sign and
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Date this form.
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QUESTION NO. 25:
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As to each of the following officers, what is the total amount of punitive
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damages, if any, that you award against the officer in favor of Geanna Barton?
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Carlos Lozano
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Matthew Stickney
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Grant Gooseby
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Salvador Cervantes
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Please Sign and Date this form.
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Dated: May 11, 2012
Signature:
/s/
Foreperson of the Jury
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JUDGMENT
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THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
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1.
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That judgment be, and hereby is, entered in favor of the Defendants and
against the Plaintiffs;
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2.
That the Plaintiffs shall take nothing;
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3.
That the Defendants recover their costs of suit herein.
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DATED: May 20, 2012.
________________________________
HONORABLE S. JAMES OTERO
UNITED STATES DISTRICT COURT JUDGE
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