The opinion of the court was delivered by: Hon. David O. Carter
Assigned for All Purposes to the Honorable David O. Carter Courtroom 9D
This action came on regularly for trial on February 10, 2009 in Courtroom 9D of the United States District Court, Central District of California located at 411 Fourth Street, Santa Ana, California, the Honorable David O. Carter, presiding. Plaintiff Hugo V. Sarmiento ("Plaintiff") appeared by attorneys Donald Cook and Olu K. Orange. Defendants County of Orange, Michael Carona, Matthew LeFlore, and David Hernandez ("Defendants") appeared by attorneys S. Frank Harrell and Alexandru D. Mihai. A jury of eight persons was regularly impaneled and sworn.
After hearing all of the evidence, the Court duly instructed the jury and the cause was submitted to the jury. On February 17, 2009, the jury returned into Court with a Special Verdict as follows:
SPECIAL VERDICT FORM QUESTION NO. 1
Did either of the following Defendants use excessive force against Plaintiff: Matthew LeFlore: Yes_______ No X David Hernandez: Yes No X
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED as follows:
Defendants County of Orange, Michael Carona, Matthew LeFlore, and David Hernandez have Judgment in their favor and that Plaintiff Hugo V. Sarmiento takes nothing by way of his operative complaint against these Defendants.
That Defendants recover from Plaintiff, their costs of suit in accordance with applicable law; and that this matter be, and hereby is, dismissed as to Defendants County of Orange, Michael Carona, Matthew LeFlore, and David Hernandez with prejudice.
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