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Sheppard v. County of Los Angeles

United States District Court, C.D. California

March 5, 2014

KEN SHEPPARD, Plaintiff,
v.
COUNTY OF LOS ANGELES, et. al., Defendants.

RICKEY IVIE, ESQ., ANTONIO K. KIZZIE, ESQ., IVIE, McNEILL & WYATT, Los Angeles, California Attorneys for Defendants, COUNTY OF LOS ANGELES et al.

REDACTED NOTICE RE JUDGMENT ON SPECIAL VERDICT [JS-6]

CONSUELO B. MARSHALL, District Judge.

This case came on regularly for trial on February 18, 2014 to February 27, 2014 in Department 2 of this Court, the Honorable Consuelo B. Marshall presiding; the plaintiff appearing by Attorney Franklin L. Ferguson, Jr. from LAW OFFICE OF FRANKLIN L. FERGUSON, JR. and defendant appearing by Attorneys Rickey Ivie and Antonio K. Kizzie from IVIE, MCNEILL & WYATT.

A jury of 8 persons was regularly impaneled and placed under oath. Witnesses were placed under oath 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 special verdict consisting of the special issues submitted to the jury and the answers given thereto by the jury, which said verdict was in words and figures as follows, to wit:

"We, the Jury in the above-entitled action, now reach our unanimous verdict on the following questions submitted to us:

Question 1: Do you find by a preponderance of the evidence that Plaintiff Ken Sheppard's Fourth Amendment right not to be subjected to excessive force was violated by Defendant Scott Short?"

Answer: NO

It appearing by reason of said special verdict that:

Defendant DEPUTY SCOTT SHORT is entitled to judgment against the plaintiff KEN SHEPPARD.

Now, therefore, it is ORDERED, ADJUDGED, AND DECREED that said plaintiff KEN SHEPPARD shall recover nothing by reason of the complaint, and that defendant DEPUTY SCOTT SHORT shall recover costs from said plaintiff KEN SHEPPARD pursuant to Federal Rule of Civil Procedure 54(d)(1) per cost bill.


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