United States District Court, C.D. California, Eastern Division
KENLY KIYA KATO United States Magistrate Judge.
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.
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.
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.
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.
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
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:
Defendant Patty use excessive or unreasonable force against
Plaintiff Randy Conan?
___ X ___ NO
you answered “Yes” to Question 1, please answer
you answer “No” to Question 1, please proceed to
use of excessive or unreasonable force by Defendant Patty a
cause of ...