Santos Melendez v. Cathedral City et al
Filing
123
JUDGMENT ON SPECIAL VERDICT by Judge Virginia A. Phillips. (MD JS-6, Case Terminated). (mrgo)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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SANTOS MELENDEZ
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Plaintiff,
vs.
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CATHEDRAL CITY, CALIFORNIA,
et al.,
Defendants.
___________________________
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CASE NO.
(DTBx)
EDCV 10-00176 VAP
JUDGMENT ON
SPECIAL VERDICT
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On September 13, 2011, this matter was called for
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trial in Courtroom 2 of the United States District Court.
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The parties answered ready for trial.
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was called and sworn.
A panel of jurors
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The case was tried to the jury September 13, 14, 15,
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and 16, 2011, and the case was then submitted to the jury
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for
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returned a unanimous verdict as follows:
deliberation.
On
September
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19,
2011,
the
jury
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We, the jury in the above entitled case, unanimously find
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as follows:
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Question No. 1:
Did either Defendant Corwin deVeas
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or Defendant Jeremy Herrick, or both, use excessive force
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upon Plaintiff Santos Melendez?
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CORWIN DEVEAS
Yes
No X
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JEREMY HERRICK
Yes
No X
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If you answered "Yes" as to either Defendant, or both
Defendants,
answered
please
"No"
as
answer
to
Question
both
No.
Defendants,
2.
please
If
go
you
to
Question No. 5.
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Question
No.
2:
Did
Plaintiff
Melendez
suffer
injury, damage, loss, or harm as a result of either
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Defendant
deVeas's
or
Defendant
Herrick's
use
of
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excessive force against him?
Only answer this Question for any Defendant as to
whom you answered “Yes” in response to Question No. 1.
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CORWIN DEVEAS
Yes ___ No ___
JEREMY HERRICK
Yes ___ No ___
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If you answered "Yes" as to either Defendant, or both
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Defendants,
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answered
please
"No"
as
answer
to
Question
both
No.
Defendants,
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3.
please
If
go
you
to
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Question No. 5.
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Question No. 3:
What do you find to be the amount of
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damages suffered by Plaintiff Melendez as a result of the
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excessive force inflicted?
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Answer with an amount of damages.
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Damages - Medical Expenses
$___________
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Damages - All Other
$___________
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Total
$___________
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If in answer to Question No. 3 you awarded any
damages, please answer Question No. 4.
If you did not
award any damages, please go to Question No. 5.
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Question No. 4:
Did
either
Defendant deVeas or
Defendant Herrick, or both, act with malice, oppression,
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or a reckless disregard for the constitutional rights of
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Plaintiff Melendez?
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CORWIN DEVEAS
Yes ___ No ___
JEREMY HERRICK
Yes ___ No ___
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Please go to Question No. 5.
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Question No. 5:
Did
Defendant DeVeas unlawfully
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detain
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Melendez's constitutional rights?
Plaintiff
Melendez
in
violation
of
Plaintiff
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Yes
No X
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If you answered "No," please sign and date this
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verdict form.
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Question No. 6.
If you answered "Yes," please answer
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Question No. 6:
injury,
damages,
Did
loss,
Plaintiff Melendez suffer
or
harm
as
a
result
of
the
unlawful detention by Defendant deVeas?
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Yes ___ No ___
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If you answered "No," please sign and date this
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verdict form.
If you answered "Yes," please answer
Question No. 7.
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Question No. 7:
What do you find to be the amount of
damages suffered by Plaintiff Melendez as a result of the
unlawful detention?
$___________
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If in answer to Question No. 7 you awarded any
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damages, please answer Question No. 8.
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award any damages, please sign and date this verdict
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form.
If you did not
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Question No. 8:
Did
Defendant
deVeas act with
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malice,
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constitutional rights of Plaintiff Melendez?
oppression,
or
a
reckless
disregard
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Yes ___ No ___
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Please sign and date this form.
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DATED:
September 19, 2011
/s/
Presiding Juror
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for
the
ORDER
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Therefore, IT IS HEREBY ORDERED, DECREED AND ADJUDGED
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that judgment on the merits be entered in favor of
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Defendants, CORWIN DEVEAS and JEREMY HERRICK, and against
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Plaintiff, SANTOS MELENDEZ, that Plaintiff takes nothing.
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DATED: September 21, 2011
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Honorable Virginia A. Phillips
United States District Judge
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