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Joe Klein v. City of Los Angeles

July 2, 2012

JOE KLEIN, PLAINTIFF,
v.
CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, LOS ANGELES POLICE DEPARTMENT AND DOES 1-10 INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Honorable S. George WU United States District Judge

Assigned to: Hon. Judge George Wu Ctrm: 10 Magistrate: Hon. Judge Frederick F. Mumm Ctrm: E-9th Floor

JUDGMENT ON SPECIAL VERDICT

This action came on regularly for trial by jury on June 19, 2012, with attorney FRANK J. LONGO and LAWRENCE M. LONGO appearing for Plaintiff JOE KLEIN and Defendants, CITY OF LOS ANGELES, JOSH ORDONEZ, DAVID HAYDEN, RAFAEL LOPEZ, NOREEN HERBERT, JAIME MARTINEZ, and GIOVANNI ESPINOZA appearing in person and by and through RICHARD M. ARIAS, Deputy City Attorney; a jury of eight persons duly impaneled and sworn; witnesses testified; evidence was received; and after being duly instructed by the court, the jury deliberated and thereon returned the following special verdict:

JUDGMENT ON SPECIAL VERDICT

"TITLE OF COURT AND CAUSE"

"WE, THE JURY, IN THE ABOVE-ENTITLED CAUSE, UNANIMOUSLY FIND AS FOLLOWS:

Please answer by unanimous vote the following questions by placing an T in the space following the appropriate response:

QUESTION NO. 1: Has Plaintiff Joe Klein proved by a preponderance of the evidence that any of the following defendant officers unreasonably seized his property/residence in violation of 42 U.S.C. §1983?

ANSWER:

JOSH ORDONEZ Yes No T DAVID HAYDEN Yes No T RAFAEL LOPEZ Yes No T NOREEN HERBERT Yes No T JAIME MARTINEZ Yes No T GIOVANNI ESPINOZA Yes No T

If your answer to Question No. 1 is "Yes" for any of the officers, then proceed to Question No. 2. If your answer to Question No. 1 is "No" for all of the officers then skip to Question No. 3.

QUESTION NO. 2: Has Plaintiff Joe Klein proved by a preponderance of the evidence that any of those defendants' unreasonable seizure of his property was the moving force that caused harm to him?

ANSWER:

JOSH ORDONEZ Yes No DAVID HAYDEN Yes No RAFAEL LOPEZ Yes No NOREEN HERBERT Yes No JAIME MARTINEZ Yes No GIOVANNI ESPINOZA Yes No

Now Proceed to Question No. 3

QUESTION NO. 3: Has Plaintiff Joe Klein proved by a preponderance of the evidence that any of the following defendants arrested him without probable cause in violation of 42 U.S.C. §1983?

ANSWER:

NOREEN HERBERT Yes No T JAIME MARTINEZ Yes No T

If your answer to Question No. 3 is "Yes" for any of the officers, then proceed to Question No. 4. If your answer to Question No. 3 is "No" for all of the officers then skip to Question No. 5.

QUESTION NO. 4: Has Plaintiff Joe Klein proved by a preponderance of the evidence that the defendant's arresting him without probable cause was the moving force that caused harm to the Plaintiff?

ANSWER:

NOREEN HERBERT Yes No

JAIME MARTINEZ Yes No

Now Proceed to Question No. 5.

QUESTION NO. 5: Has Plaintiff Joe Klein proved by a preponderance of the evidence that Defendant Officer David Hayden used excessive force when he shot at Plaintiff, and/or that Officers Herbert or Martinez used excessive force in arresting him in violation of 42 U.S.C. §1983?

ANSWER:

DAVID HAYDEN Yes No T NOREEN HERBERT Yes No T JAIME MARTINEZ Yes No T

If your answer to Question No. 5 is "Yes" for any of the officers, then proceed to Question No. 6. If your answer to Question No. 5 is "No" for all of the officers then skip to Question No. 7.

QUESTION NO. 6: Has Plaintiff Joe Klein proved by a preponderance of the evidence that the defendant's use of excessive force was the moving force that caused harm to him?

ANSWER:

DAVID HAYDEN Yes No NOREEN HERBERT Yes No JAIME MARTINEZ Yes No

Now Proceed to Question No. 7

QUESTION NO. 7: In regards to his claim for intentional infliction of emotional distress, did Plaintiff Joe Klein prove by a preponderance of the evidence that any of the following defendant's conduct was outrageous?

ANSWER:

JOSH ORDONEZ Yes No T DAVID HAYDEN Yes No T RAFAEL LOPEZ Yes No T NOREEN HERBERT Yes No T JAIME MARTINEZ Yes No T GIOVANNI ESPINOZA Yes No T

If your answer to Question No. 7 is "Yes", for any of the officers, then answer Question No. 8. If your answer to Question No. 7 is "No" for all the officers, then skip to Question No. 11.

QUESTION NO. 8: Did Plaintiff Joe Klein prove by a preponderance of the evidence that any of the following defendants intended to cause him emotional distress?

ANSWER:

JOSH ORDONEZ Yes No DAVID HAYDEN Yes No RAFAEL LOPEZ Yes No NOREEN HERBERT Yes No JAIME MARTINEZ Yes No GIOVANNI ESPINOZA Yes No

If your answer to Question No. 8 is "Yes", as to any officers, then answer Question No. 9. If your answer to Question No. 8 was "No" as to all the officers, then skip to Question No. 11.

QUESTION NO. 9: Did Plaintiff Joe Klein prove by a preponderance of the evidence that he suffered severe emotional distress?

ANSWER: Yes No

If your answer to Question No. 9 is "Yes", then answer Question No. 10. If you answered "No", to Question No. 9, then skip to Question No. 11.

QUESTION NO. 10: Did Plaintiff Joe Klein prove by a preponderance of the evidence that any of the following defendant's conduct was the substantial factor in causing him severe emotional distress?

ANSWER:

JOSH ORDONEZ Yes No DAVID HAYDEN Yes No RAFAEL LOPEZ Yes No NOREEN HERBERT Yes No JAIME MARTINEZ Yes No GIOVANNI ESPINOZA Yes No

Now Proceed to Question No. 11

QUESTION NO. 11: As to his claim for assault and battery, did Plaintiff Joe Klein prove by a preponderance of the evidence that Defendants Herbert and/or Martinez intentionally touched him or caused him to be touched, and/or that Defendant Hayden caused Plaintiff to believe that he was about to be contacted in a physically harmful manner?

ANSWER:

NOREEN HERBERT Yes No T JAIME MARTINEZ Yes No T DAVID HAYDEN Yes No T

If your answer to Question No. 11 is "Yes", as to any officer, then answer Question No. 12. If you answered "No", as to all the officers then skip to Question No. 15.

QUESTION NO. 12: Did Plaintiff Joe Klein, prove by a preponderance of the evidence that any of those defendants used unreasonable force in arresting him?

ANSWER:

NOREEN HERBERT Yes No JAIME MARTINEZ Yes No DAVID HAYDEN Yes No

If your answer to Question No. 12 is "Yes" as to any officer, then answer Question No. 13. If you answered "No", as to all the ...


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