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Eliot v. County of Orange

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

May 22, 2018

PHILIP ELIOT, Plaintiff,
v.
COUNTY OF ORANGE, ORANGE COUNTY SHERIFF DEPUTY BENSON, ORANGE COUNTY SHERIFF DEPUTY GARNER, ORANGE COUNTY SHERIFF DEPUTY MORISHITA, ORANGE COUNTY SHERIFF DEPUTY DURAN, and ORANGE COUNTY SHERIFF DEPUTY CUELLAR, Defendants. YES NO DEFENDANT YES NO

          JUDGMENT ON JURY VERDICT

          CORMAC J. CARNEY UNITED STATES DISTRICT JUDGE

         This action came on regularly for trial on May 8, 2018, in Courtroom 9B of the United States District Court, the Honorable Cormac J. Carney, presiding. Plaintiff Philip Eliot appeared by and through his attorneys of record, Jeffery Le Beau, Esq. of Peacock & LeBeau, and Robert P. Damone, Esq. of Damone & Schroeder. Defendants County of Orange, Deputy Morishita, Deputy Benson, Deputy Garner, Deputy Duran, and Deputy Cuellar appeared by and through their attorneys of record, Daniel K. Spradlin, Esq. and Jeanne L. Tollison, Esq. of Woodruff, Spradlin & Smart, APC.

         A jury of 8 persons was regularly impaneled and sworn. Witnesses were sworn 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 special verdict. The jury deliberated and thereafter returned into Court with its verdict as follows:

         QUESTION NO. 1:

Did any of the following Defendants use excessive force against Mr. Eliot?

DEFENDANT

YES
NO

Deputy Benson

X

Deputy Garner

X

Deputy Morishita

X

Deputy Duran

X

Deputy Cuellar

X

If you answered “YES” to Question No. 1 for any of the Defendants, then answer Question No. 2 as to each of those Defendants. If you answered “NO” to Question No. 1 for all Defendants, you are finished. Please sign and date this form.

         QUESTION NO. 2:

         Was any of the following Defendants' use of excessive force a cause of injury, damage, or harm to Mr. Eliot?

DEFENDANT
YES
NO

Deputy Benson

Deputy Benson

Deputy Morishita

Deputy Duran

Deputy Cuellar

X

If you answered “YES” to Question No. 2 for any of the Defendants, please continue to Question No. 3. If you answered “NO” to Question No. 2 for all Defendants, you are finished. Please sign and date this form.

         QUESTION NO. 3:

         What amount of damages, if any, do you find that Mr. Eliot ...


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