United States District Court, S.D. California
December 15, 2005.
EDWARD DEMERSON, Plaintiff,
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
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. § 1983
The Jury shall answer questions under both sections A and B
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?
If you answer Question No. 2 "no", then proceed to Question No.
4. If you answer Question No. 2 "yes", then answer Question No.
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
Answer: $ _______________.
PUNITIVE DAMAGES CLAIM AGAINST DEFENDANT
Answer Question 7 only if you answered "Yes" to Question 1 or
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
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
IT IS SO ORDERED.
© 1992-2006 VersusLaw Inc.