Boaz Q Balenti v. Scott McManus et al

Filing 164

JUDGMENT ON JURY VERDICT by Judge Cormac J. Carney. It appearing by reason of said verdict that: Defendants are entitled to judgment against Plaintiff. IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff take nothing by his First Amended Complaint filed herein on December 20, 2010 and Defendants City of Anaheim and Scott McManus recover from Plaintiff their costs to be awarded at a later date. Related to: Jury Verdict (Proposed) 163 (MD JS-6, Case Terminated). (nbo)

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1 2 3 JS-6 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 200 S. ANAHEIM BOULEVARD, SUITE 356 ANAHEIM, CALIFORNIA 92805 (714) 765-5169 FAX (714) 765-5123 OFFICE OF THE CITY ATTORNEY CITY OF ANAHEIM 10 11 BOAZ Q. BALENTI, 12 Plaintiff, 13 14 15 v. 18 SACV10-1159 CJC (JPRx) Assigned to: Hon. Cormac J. Carney Dept.: 9B JUDGMENT ON JURY VERDICT CITY OF ANAHEIM POLICE OFFICER SCOTT McMANUS, et al, 16 17 Case No.: Trial Date: Time: Place: July 23, 2013 9:00 a.m. Ctrm. 9B Defendants. Action Filed: Trial Date: 12/02/10 July 23, 2013 19 20 21 22 23 24 25 26 27 28 Case No. SACV10-1159 CJC (JPRx) 1 This action came on regularly for trial on July 23, 2013 in Courtroom 9B 2 of the United States District Court, the Hon. Cormac J. Carney, presiding; the 3 Plaintiffs appeared by attorney John P. Kenealy and Cecelia Balenti-Moddelmog, 4 Kenealy Law Offices, and the Defendants appeared by attorney Moses W. 5 Johnson, IV, Assistant City Attorney and Jesse Jacobs, Deputy City Attorney. 6 A jury of 8 persons was regularly impaneled and sworn. Witnesses were 7 sworn and testified. After hearing the evidence and arguments of counsel, the 8 jury was duly instructed by the Court and the cause was submitted to the jury 9 with directions to return a special verdict. The jury deliberated and thereafter 200 S. ANAHEIM BOULEVARD, SUITE 356 ANAHEIM, CALIFORNIA 92805 (714) 765-5169 FAX (714) 765-5123 OFFICE OF THE CITY ATTORNEY CITY OF ANAHEIM 10 11 returned into Court with its verdict as follows: 1. Did Plaintiff prove by a preponderance of evidence that Officer 12 McManus violated his civil rights by using unreasonable (excessive) force in 13 arresting and/or detaining him? 14 15 Yes X No 16 17 18 19 It appearing by reason of said verdict that: Defendants are entitled to judgment against Plaintiff. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED 20 that said Plaintiff take nothing by his first amended complaint filed herein on 21 December 20, 2010, and that Defendants City of Anaheim and Scott McManus 22 have and recover from Plaintiff, their costs to be awarded at a later date. 23 24 DATED: 8/7/13 25 HON. CORMAC J. CARNEY United States Judge 26 27 28 1 Case No. SACV10-1159 CJC (MLGx)

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