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Young v. Wolfe

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


September 23, 2009

JOHN YOUNG, PLAINTIFF,
v.
ARON WOLFE, SR. DEP. SHANNON, DEP. MICHAEL SMITH, DEP. CHRISTINA MARTINEZ, DEP. ALBIZURES, DEP. HERSON, SGT. MIGUEL MEJIA, DEP. ROBERT OCHOA, DOYLE R. CAMPBELL, LOS ANGELES COUNTY SHERIFF'S DEPARTMENT, COUNTY OF LOS ANGELES, JOHN L. SCOTT, DENNIS A. CONTE, JOHN VANDER HORCK, DENNIS H. BURNS, KENNETH J. BRAZILE, LEE C. MCCOWN, LEE BACA, JOHN DOE AND TEN UNKNOWN NAMED DEFENDANTS, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Ronald S.W. Lew United States District Judge

[Assigned to the Hon. Ronald S.W. Lew, Courtroom 21]

[PROPOSED] JUDGMENT ON THE VERDICT FOR DEFENDANTS

This action came on regularly for trial on September 8, 2009, before the Honorable Ronald S.W. Lew in Courtroom 21 of the United States District Court for the Central District of California. Plaintiff John Young appeared by attorney Jeff Price. Defendants Cristina Martinez, Roberto Ochoa, Michael Smith, and Aron Wolfe appeared by attorney Catherine M. Mathers of Collins Collins Muir Stewart LLP.

A jury of seven persons was regularly impaneled and sworn. Witnesses were sworn and testified.

After hearing the evidence and arguments of counsel, the jury was duly instructed by the Court and the cause was submitted to the jury with directions to return a verdict on special issues. The jury deliberated and thereafter returned into court with its verdict as follows:

"We, the jury in the above-entitled action, find the following Verdict on the questions submitted to us:

VIOLATION OF CIVIL RIGHTS -- EXCESSIVE FORCE

QUESTION NO. 1: By a preponderance of the evidence, did each individual Defendant inflict excessive force on Plaintiff John Young?

Cristina Martinez: Yes No X

Roberto Ochoa: Yes No X

Michael Smith: Yes No X

Aron Wolfe: Yes No X

If your answer to Question No. 1 is yes as to any Defendant, then answer

Question No. 2. If you answered no to all Defendants, stop here, answer no further questions, and have the presiding juror sign and date this form.

QUESTION NO. 2: Did Plaintiff suffer harm as a result of the violation of civil rights?

Yes ____ No ____

If your answer to Question No. 2 is yes, then answer Question No. 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

QUESTION NO. 3: What are Plaintiff's damages?

$__________.

DATED: 9/10/09 NAME REDACTED BY COURT

Presiding Juror"

It appearing by reason of said verdict, that Defendants Cristina Martinez, Roberto Ochoa, Michael Smith, and Aron Wolfe are entitled to judgment against Plaintiff John Young.

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff John Young recover nothing by reason of his Complaint and that Judgment shall be, and hereby is, entered in favor of Defendants Cristina Martinez, Roberto Ochoa, Michael Smith, and Aron Wolfe and against Plaintiff John Young.

20090923

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