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Figueroa v. City of Los Angeles

United States District Court, C.D. California

March 2, 2017

LILIA ABREGO FIGUEROA, Plaintiff,
v.
CITY OF LOS ANGELES, LOS ANGELES POLICE DEPARTMENT; MAYOR ERIC GARCETTI, in his individual and official capacity; CHIEF CHARLIE BECK of the Los Angeles Police Department, in his individual and official capacity; SERGEANT ROBERT CALDERON of the Los Angeles Police Department in his individual and official capacity; SERGEANT JEFF MARES of the Los Angeles Police Department officer in his individual and official capacity; and DOES 1through 10, Inclusive, Defendants.

          Hon. Mag. John E. McDermott

          JUDGMENT

          Honorable Beverly R. O'Connell United States District Court Judge.

         This action came on regularly for trial on February 21, 2017, in Courtroom “7C” of the United States District Court, Central District of California, Central Division, the Honorable Beverly Reid O'Connell, Judge Presiding. The Plaintiff LILIA ABREGO FIGUEROA, was represented by attorneys Shanta Driver and Ronald Cruz. The Defendants CITY OF LOS ANGELES, CHIEF CHARLIE BECK, SERGEANT ROBERT CALDERON and SERGEANT JEFF MARES were present and represented by attorneys Colleen R. Smith and Cory M. Brente.

         The trial was bifurcated, with phase I addressing liability and compensatory damages only.

         A jury of 8 persons was regularly impaneled and sworn on February 21, 2017. Witnesses were sworn and testified. On March 2, 2017, following the presentation of evidence and argument during a jury trial, the jury, in the above-entitled action, UNANIMOUSLY found as follows:

         JUDGMENT ON SPECIAL VERDICT

         WE, THE JURY in the above-entitled action, unanimously find as follows on the questions submitted to us:

         CLAIMS BY ABREGO PLAINTIFFS AGAINST DEFENDANTS

         (QUESTION NOS. 2 through 10 solely address claims brought in the related matter of Maria Teresa Abrego, et al., v. City of Los Angeles, et al., CV15-00039 BRO (JEMx) only, and thus, are omitted from the judgment herein.)

         QUESTION NO. 1: Have the Abrego Plaintiffs proved that any of the following Defendants violated Omar Abrego's Fourth Amendment Constitutional Rights by using excessive force to detain him?

         Answer (check “Yes” or “No”) following the name of each Defendant:

SERGEANT JEFF MARES YES NO ___
SERGEANT ROBERTO CALDERON YES ___ NO

         f you answered “No” as to each of the Defendants, skip to Question No. 3.

         If you answered “Yes” as to any Defendant, proceed to Question No. 2.

         CLAIMS BY PLAINTIFF FIGUEROA AGAINST DEFENDANTS

         QUESTION NO. 11: If you gave only “No” responses to Question No. 1, please proceed to Question No. 13. If you gave any “Yes” responses to Question No. 1, please answer the following question. Has Plaintiff Figueroa proved that any of the following Defendants violated her Fourteenth Amendment Constitutional Rights to a familial association with Omar Abrego by using unreasonable force to detain him and with an unlawful purpose to harm him?

         Answer (check “Yes” or “No”) following the name of each Defendant for whom you answered ...


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