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Lass v. County of Orange

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


October 13, 2010

FREDERICK J. LASS, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF MICHAEL PATRICK LASS, PLAINTIFF,
v.
COUNTY OF ORANGE, MICHAEL S. CARONA, DEPUTY S. PAGE, DEPUTY WILLIAM RODRIGUEZ, DEPUTY JASON VAN DUSEN, DEPUTY CHARLES FOOTE, DEPUTY MATTHEW STAFFORD, DEPUTY MARIO CASTRO, DEPUTY MARK WEHRI AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANT.

The opinion of the court was delivered by: Hon. James V. Selna United States District Judge

Assigned for All Purposes to: Honorable James V. Selna Courtroom 10-C

JUDGMENT FOR DEFENDANTS

This action came on regularly for trial on September 14, 2010 in Courtroom 10-C of the United States District Court, Central District of California located at 411 Fourth Street, Santa Ana, California, the Honorable James V. Selna, presiding.

Plaintiffs Frederick J. Lass, individually, and as executor of the Estate of Michael Patrick Lass, ("Plaintiff") appeared by attorney Thomas Avdeef. Defendants County of Orange, Si Page, Matthew Stafford, William Rodriguez, Mario Castro, Charles Foote, and Mark Wehrli ("Defendants") appeared by attorneys Norman J. Watkins and S. Frank Harrell. 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 October 1, 2010, the jury returned into Court with two (2) Special Verdicts as follows:

SPECIAL VERDICT RE EIGHTH AMENDMENT CLAIM

Question No. 1:

Do you find by a preponderance of the evidence that any of the defendants used excessive force amounting to cruel and unusual punishment in violation of the Eighth Amendment to the Constitution upon the decedent Michael Patrick Lass?

Answer "yes" or "no" for each defendant.

Deputy Si Page Yes No X

Deputy William Rodriguez Yes No X

Deputy Charles Foote Yes No X

Deputy Matthew Stafford Yes No X

Deputy Mario Castro Yes No X

Deputy Mark Wehrli Yes No X

SPECIAL VERDICT RE FOURTEENTH AMENDMENT CLAIM

Question No. 1:

Do you find by a preponderance of the evidence that the Plaintiff Frederick J.

Lass had a familial relationship with his son decedent Michael Patrick Lass?

Yes No X

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED as follows:

Defendants County of Orange, Si Page, Matthew Stafford, William Rodriguez, Mario Castro, Charles Foote, and Mark Wehrli shall have Judgment in their favor and that Plaintiffs Frederick J. Lass, individually, and as executor of the Estate of Michael Patrick Lass shall take nothing by way of Plaintiff's operative Complaint against these Defendants.

The Court further rules that Defendants shall recover from Plaintiffs their costs of suit in accordance with applicable law; and that this matter be, and hereby is, dismissed as to Defendants County of Orange, Si Page, Matthew Stafford, William Rodriguez, Mario Castro, Charles Foote, and Mark Wehrli, with prejudice.

IT IS SO ORDERED.

20101013

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