The opinion of the court was delivered by: Honorable: Gary A. Feess Magistrate: Alicia G. Rosenberg
JUDGMENT AFTER TRIAL BY JURY
TO THE HONORABLE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD THEREIN:
This action came on regularly for trial on October 13, 2009 in Courtroom "740" of the United States District Court for the Central District of California before the Honorable Gary A. Feess, United States District Court Judge. Plaintiffs G.H by and through her Guardian ad Litem DAWN HOPKINS, ROBERT R. GREGG individually, and as victim decedent's personal representative, JUDITH GREGG, individually, and as victim decedent's personal representative were represented by Stephen Allen Jamieson and Donald W. Flaig. The DefendantsCITY OF LOS ANGELES, LOS ANGELES POLICE DEPARTMENT, WILLIAM J. BRATTON, PAUL RAZO and MINERVA MOTA, were represented by Deputy City Attorney Rena M. Shahandeh.
A jury of eight (8) persons were regularly empaneled and sworn.
Witnesses were sworn and testified and documentary evidence was introduced and admitted into evidence. 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 the issues, if after proper deliberations, they could do so. The jury deliberated and thereafter returned to the court with their unanimous verdict as follows, towit:
WE, THE JURY, in the above-entitled action, unanimously find on the questions presented as follows:
QUESTION NO. 1: Do you unanimously find by a preponderance of the evidence that LAPD Officer Minerva Mota used unreasonable force in violation of Mark Gregg's right to be free from unlawful seizure under the Fourth Amendment? (Please check one)
QUESTION NO. 2: Do you unanimously find by a preponderance of the evidence that LAPD Officer Paul Razo used unreasonable force in violation of Mark Gregg's right to be free from unlawful seizure under the Fourth Amendment? (Please check one)
If your answer to Question No. 1 or 2 was "yes" please proceed to Question Nos. 3 and 4. If you answered "No" to both go to Question No. 5.
QUESTION NO. 3: Do you unanimously find by a preponderance of the evidence that either LAPD Officer Minerva Mota or LAPD Officer Paul Razo, in the performance of their duties on July 24, 2007, acted maliciously, in reckless disregard, or ...