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
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
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 William Rodriguez Yes No X
Deputy Charles Foote Yes No X
Deputy Matthew Stafford ...