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DEMERSON v. ANDRZEJEWSKI

United States District Court, S.D. California


December 15, 2005.

EDWARD DEMERSON, Plaintiff,
v.
DEPUTY ANDRZEJEWSKI, Defendant.

The opinion of the court was delivered by: LOUISA PORTER, Magistrate Judge

ORDER AND JUDGMENT

This cause came on regularly for trial on December 5, 2005, in Department H of the above-entitled court, the Honorable Louisa S. Porter, United States Magistrate Judge, presiding. Plaintiff Edward Demerson appeared in propria persona and Defendant Anthony Andrzejewski appeared by and through his attorneys John J. Sansone, County Counsel by Kevin G. Kennedy, Senior Deputy County Counsel.

A jury of eight persons was regularly impaneled and sworn to try the action. Witnesses on the part of both Plaintiff and Defendant were sworn and examined. After hearing the evidence, the arguments of counsel, and instructions of the court, the jury retired to consider their verdict and subsequently returned to court, and on being called, answered to their names and duly rendered their verdict in writing, in words and figures, as follows: We, the jury in the above-entitled action, find the following special verdict on the questions submitted to us:

FEDERAL CIVIL RIGHTS PURSUANT TO 42 U.S.C. ยง 1983
  The Jury shall answer questions under both sections A and B below:

  A. EXCESSIVE FORCE IN VIOLATION OF EIGHTH AMENDMENT

  Question No. 1: Did Defendant Anthony Andrzejewski intentionally and under color of law, violate Plaintiff Edward Demerson's Eighth Amendment right to be free of cruel and unusual punishment by the malicious and sadistic use of unnecessary and excessive force for the very purpose of causing harm?

  Yes____ No X

  If you answer Question No. 1 "no", then answer Question No. 4.

  If you answer Question No. 1 "yes", then answer Question No. 2.

  Question No. 2: Did Defendant's conduct proximately cause injury to Plaintiff Edward Demerson?

  Yes____ No____

  If you answer Question No. 2 "no", then proceed to Question No. 4. If you answer Question No. 2 "yes", then answer Question No. 3.

  Question No. 3: What amount of money, if any, do you find will reasonably compensate Plaintiff for the injury or damage caused by Defendant?

  Answer: $ _____________

  B. DELIBERATE INDIFFERENCE TO NEED FOR MEDICAL CARE IN VIOLATION OF EIGHTH AMENDMENT

  Question No. 4: Did defendant Anthony Andrzejewski act with deliberate indifference to a serious medical need that caused harm to plaintiff Edward Demerson?

  Yes____ No X

  If you answer Question No. 4 "no", sign and return this verdict. If you answer Question No. 4 "yes", then answer Question No. 5. Question No. 5: What amount of money, if any, do you find will reasonably compensate Plaintiff for the harm caused by Defendant?

  Answer: $ _______________.

  II

  PUNITIVE DAMAGES CLAIM AGAINST DEFENDANT

  Answer Question 7 only if you answered "Yes" to Question 1 or Question 4.

  Question No. 7: Do you find by a preponderance of the evidence that the Defendant's conduct was malicious, oppressive or in reckless disregard of Plaintiff's rights?

  Answer: Yes____ No ____

  If you answer Question No. 7 "no", sign and return this verdict. If you answer Question No. 7 "yes", then answer Question No. 8.

  Question No. 8: What amount of punitive damages do you award to Plaintiff Edward Demerson?

  Answer: $ _____________.

  WHEREFORE, based upon the foregoing, it is ordered, adjudged, and decreed that Plaintiff Edward Demerson recover nothing from Defendant Anthony Andrzejewski. This disposes of the action in its entirety, and the Clerk is directed to enter judgment for the Defendant.

  IT IS SO ORDERED.

20051215

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