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Conan, v. Patty

United States District Court, C.D. California, Eastern Division

November 20, 2017

RANDY CONAN; XYLINA CONAN, Plaintiffs,
v.
JOSHUA PATTY, et al., Defendants.

          [PROPOSRD] JUDGMENT

          HON. KENLY KIYA KATO United States Magistrate Judge.

         On January 30, 2017, Plaintiffs Randy Conan and Xylina Conan filed the operative Third Amended Complaint against Defendants City of Fontana, Joshua Patty, Kurtis Schlotterbeck, Adam Clabaugh, Matthew Roth, Steven Bechtold, and Bradley Guith. Dkt. No. 40.

         On September 5, 2017, and by way of stipulation of the parties, Plaintiff Randy Conan voluntarily dismissed his Second Claim for Relief (“Unreasonable Search and Seizure-Denial of Medical Care (42 U.S.C. § 1983)”). Dkt. No. 114.

         On October 3, 2017, former Defendants Kurtis Schlotterbeck, Adam Clabaugh, Matthew Roth, Steven Bechtold, and Bradley Guith were ordered dismissed from this action. Dkt. No. 156.

         On October 6, 2017, the Court ordered bifurcation of trial such that Plaintiff Randy Conan's Third, Fourth, and Fifth Claims for Relief for “Municipal Liability” against the City of Fontana, Plaintiff Randy Conan's compensatory damages, amount of punitive damages, and Plaintiff Xylina Conan's Eighth Claim for Relief for “Loss of Consortium” would be tried only if Plaintiff Randy Conan achieved a unanimous verdict in his favor on his First Claim for Relief for “Excessive Force, ” Sixth Claim for Relief for “Battery, ” and/or Seventh Claim for Relief for “Negligence.” Dkt. No. 158.

         Phase I of this bifurcated action came on regularly for trial on October 24, 2017, in Courtroom 4 of the United States District Court, Central District of California, Eastern Division, located at 3470 Twelfth Street, Riverside, California, the Hon. Kenly Kiya Kato, presiding. Plaintiff Randy Conan appeared by attorneys Marjorie Barrios and Alfred R. Hernandez. Defendants Joshua Patty and the City of Fontana appeared by attorneys S. Frank Harrell and Jesse K. Cox. A jury of eight persons was regularly impaneled and sworn. Pursuant to this Court's order of October 6, 2017, Dkt. No. 158, the case proceeded with Phase I of trial limited to Plaintiff Randy Conan's First Claim for Relief for “Excessive Force” against Joshua Patty, Plaintiff Randy Conan's Sixth Claim for Relief for “Battery” against Joshua Patty, and Plaintiff Randy Conan's Seventh Claim for Relief for “Negligence” against Joshua Patty and the City of Fontana.

         After hearing all of the evidence, the Court duly instructed the jury, and the cause was submitted to the jury. On October 30, 2017, the jury returned into Court with a unanimous Special Verdict in favor of Defendants Joshua Patty and the City of Fontana as follows:

         QUESTION 1:

         Did Defendant Patty use excessive or unreasonable force against Plaintiff Randy Conan?

         ___ YES ___ X ___ NO

         If you answered “Yes” to Question 1, please answer Question 2.

         If you answer “No” to Question 1, please proceed to Question 4.

         QUESTION 2:

         Was the use of excessive or unreasonable force by Defendant Patty a cause of ...


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