James Kilroy v. County of Orange et al, No. 8:2021cv00800 - Document 108 (C.D. Cal. 2023)

Court Description: FINAL JUDGMENT by Judge James V. Selna, IT IS ORDERED AND ADJUDGED that Judgment be entered in favor of Defendants COUNTY OF ORANGE and DEPUTY TYLER CARRILLO and against Plaintiff JAMES KILROY. Defendants DEPUTY TYLER CARRILLO and COUNTY OF ORANGE a re the prevailing parties under Federal Rule of Civil Procedure 54(d)(1) and may pursue recovery of their costs incurred in this action in accordance with said Rule and Local Rules of this Court. This judgment may be amended to include any costs and other litigation expenses awarded to Defendants DEPUTY TYLER CARRILLO and COUNTY OF ORANGE by the Court. Related to: Jury Trial - Completed 94 (MD JS-6, Case Terminated). (es)

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James Kilroy v. County of Orange et al Doc. 108 JS-6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION 10 11 JAMES KILROY, 12 Plaintiff, 13 v. 14 COUNTY OF ORANGE, a Governmental Entity; SHERIFF DON BARNES, Individually and DEPUTY T. CARRILLO Individually and DOES 1-50, 15 16 Case No.: 8:21-cv-00800-JVS (DFMx) Assigned to: Hon. James V. Selna Crt. Rm: 10C Magistrate: Douglas F. McCormick Crt. Rm: 6B 17 FINAL JUDGMENT Action Date: Trial Date: 4/29/21 2/21/23 Defendants. 18 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 Case No. 8:21-cv-00800-JVS-(DFMx) 004.602:464653v1 FINAL JUDGMENT Dockets.Justia.com 1 Plaintiff JAMES KILROY’S action against Defendant DEPUTY TYLER 2 CARRILLO pursuant to 42 U.S.C. § 1983 for violation of his Fourth and Eighth 3 Amendment rights based upon claimed sexual assault during a search came to trial 4 before this Court beginning on February 21, 2023 and continuing to and ending on 5 December February 23, 2023. 6 All of Plaintiff JAMES KILROY’S other claims against Defendant DEPUTY 7 TYLER CARRILLO have been previously adjudicated in DEPUTY TYLER 8 CARRILLO’S favor. This Court granted Defendant DEPUTY TYLER CARRILLO 9 partial summary judgment as to all other claims other than violation of the Fourth 10 and Eighth Amendment. (ECF # 43, Order re Summary Judgment.) All of Plaintiff 11 JAMES KILROY’S claims against Defendant COUNTY OF ORANGE were 12 previously adjudicated in favor of the COUNTY OF ORANGE. The Court 13 previously granted Defendant COUNTY OF ORANGE summary judgment on July 14 15, 2022. (ECF # 43.) 15 On February 23, 2023, the jury returned a special verdict, signed by the 16 presiding juror, to the Court in favor of Defendant DEPUTY TYLER CARRILLO 17 with its verdict on liability (see ECF # 102) as follows: 18 We, the jury, answer the questions submitted to us as follows: 19 1. Did DEFENDANT DEPUTY TYLER CARRILLO touched 20 PLAINTIFF JAMES KILROY’s testicles in a painful manner and/or 21 insert his finger into the anus of PLAINTIFF JAMES KILROY? 22 _______ Yes 23 2. or __X__ No Was DEFENDANT DEPUTY TYLER CARRILLO’S search of 24 PLAINTIFF JAMES KILROY unreasonable in violation of the Fourth 25 Amendment? 26 _______ Yes or __X__ No 27 28 2 Case No. 8:21-cv-00800-JVS-(DFMx) 004.602:464653v1 FINAL JUDGMENT 1 3. Did DEFENDANT DEPUTY TYLER CARRILLO conduct a search 2 of PLAINTIFF JAMES KILROY with the intent to receive sexual 3 gratification or to humiliate, degrade or demean PLAINTIFF JAMES 4 KILROY in violation of the Eighth Amendment? 5 _______ Yes or __X__ No 6 7 If you answered Questions No. 1, 2, or 3 “Yes,” please answer the next 8 question. Otherwise, skip to the end and sign and date the verdict 9 10 4. What are PLAINTIFF JAMES KILROY’S damages, if any? 11 Total Damages: $ __________ 12 13 5. Was DEFENDANT DEPUTY TYLER CARRILLO’S conduct 14 malicious, oppressive or in reckless disregard of the plaintiff’s rights 15 entitling Plaintiff to punitive damages? 16 _______ Yes or _______ No 17 18 Signed: 19 ___/s/______________________ Presiding Juror 20 21 Dated: 2/23/2023 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 3 Case No. 8:21-cv-00800-JVS-(DFMx) 004.602:464653v1 FINAL JUDGMENT 1 THEREFORE, IT IS ORDERED AND ADJUDGED that Judgment be entered 2 in favor of Defendants COUNTY OF ORANGE and DEPUTY TYLER CARRILLO 3 and against Plaintiff JAMES KILROY. 4 Defendants DEPUTY TYLER CARRILLO and COUNTY OF ORANGE are 5 the prevailing parties under Federal Rule of Civil Procedure 54(d)(1) and may pursue 6 recovery of their costs incurred in this action in accordance with said Rule and Local 7 Rules of this Court. This judgment may be amended to include any costs and other 8 litigation expenses awarded to Defendants DEPUTY TYLER CARRILLO and 9 COUNTY OF ORANGE by the Court. 10 IT IS SO ORDERED AND ADJUDGED. 11 12 13 14 15 DATED: March 07, 2023 The Honorable James V. Selna Judge of the United States District Court 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Case No. 8:21-cv-00800-JVS-(DFMx) 004.602:464653v1 FINAL JUDGMENT

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