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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 8 9 10 SANTOS MELENDEZ 11 12 Plaintiff, vs. 13 14 15 16 17 CATHEDRAL CITY, CALIFORNIA, et al., Defendants. ___________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. (DTBx) EDCV 10-00176 VAP JUDGMENT ON SPECIAL VERDICT 18 19 On September 13, 2011, this matter was called for 20 trial in Courtroom 2 of the United States District Court. 21 The parties answered ready for trial. 22 was called and sworn. A panel of jurors 23 The case was tried to the jury September 13, 14, 15, 24 and 16, 2011, and the case was then submitted to the jury 25 for 26 returned a unanimous verdict as follows: deliberation. On September 27 28 1 19, 2011, the jury 1 We, the jury in the above entitled case, unanimously find 2 as follows: 3 Question No. 1: Did either Defendant Corwin deVeas 4 or Defendant Jeremy Herrick, or both, use excessive force 5 upon Plaintiff Santos Melendez? 6 7 CORWIN DEVEAS Yes No X 8 JEREMY HERRICK Yes No X 9 10 11 12 13 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. 14 15 16 Question No. 2: Did Plaintiff Melendez suffer injury, damage, loss, or harm as a result of either 17 Defendant deVeas's or Defendant Herrick's use of 18 19 20 21 excessive force against him? Only answer this Question for any Defendant as to whom you answered “Yes” in response to Question No. 1. 22 23 24 CORWIN DEVEAS Yes ___ No ___ JEREMY HERRICK Yes ___ No ___ 25 26 If you answered "Yes" as to either Defendant, or both 27 Defendants, 28 answered please "No" as answer to Question both No. Defendants, 2 3. please If go you to 1 Question No. 5. 2 3 Question No. 3: What do you find to be the amount of 4 damages suffered by Plaintiff Melendez as a result of the 5 excessive force inflicted? 6 Answer with an amount of damages. 7 Damages - Medical Expenses $___________ 8 Damages - All Other $___________ 9 Total $___________ 10 11 12 13 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. 14 15 16 Question No. 4: Did either Defendant deVeas or Defendant Herrick, or both, act with malice, oppression, 17 or a reckless disregard for the constitutional rights of 18 19 Plaintiff Melendez? 20 21 22 CORWIN DEVEAS Yes ___ No ___ JEREMY HERRICK Yes ___ No ___ 23 24 Please go to Question No. 5. 25 26 27 28 3 1 Question No. 5: Did Defendant DeVeas unlawfully 2 detain 3 Melendez's constitutional rights? Plaintiff Melendez in violation of Plaintiff 4 5 Yes No X 6 7 If you answered "No," please sign and date this 8 verdict form. 9 Question No. 6. If you answered "Yes," please answer 10 11 12 13 Question No. 6: injury, damages, Did loss, Plaintiff Melendez suffer or harm as a result of the unlawful detention by Defendant deVeas? 14 15 Yes ___ No ___ 16 17 If you answered "No," please sign and date this 18 19 20 verdict form. If you answered "Yes," please answer Question No. 7. 21 22 23 24 Question No. 7: What do you find to be the amount of damages suffered by Plaintiff Melendez as a result of the unlawful detention? $___________ 25 26 27 28 4 1 If in answer to Question No. 7 you awarded any 2 damages, please answer Question No. 8. 3 award any damages, please sign and date this verdict 4 form. If you did not 5 6 Question No. 8: Did Defendant deVeas act with 7 malice, 8 constitutional rights of Plaintiff Melendez? oppression, or a reckless disregard 9 10 Yes ___ No ___ 11 12 13 Please sign and date this form. 14 15 16 DATED: September 19, 2011 /s/ Presiding Juror 17 18 19 20 21 22 23 24 25 26 27 28 5 for the ORDER 1 2 Therefore, IT IS HEREBY ORDERED, DECREED AND ADJUDGED 3 that judgment on the merits be entered in favor of 4 Defendants, CORWIN DEVEAS and JEREMY HERRICK, and against 5 Plaintiff, SANTOS MELENDEZ, that Plaintiff takes nothing. 6 7 8 9 DATED: September 21, 2011 10 11 12 Honorable Virginia A. Phillips United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6

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