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Shay v. County of Los Angeles

United States District Court, C.D. California

November 20, 2019

ALLEN BERNARD SHAY, Plaintiff,
v.
COUNTY OF LOS ANGELES, and DEPUTY CHRISTOPHER DERRY

          RICKEY IVIE (SBN: 76864), ANTONIO K. KIZZIE (SBN: 279719) IVIE, McNEILL & WYATT Attorneys for Defendants, COUNTY OF LOS ANGELES, et al.

          [PROPOSED] JUDGMENT

          HONORABLE CHRISTINA A. SNYDER UNITED STATES DISTRICT JUDGE

         1. This case came on regularly for trial on November 12, 2019 to November 18, 2019 in Department 8D of this Court, the Honorable Christina A. Snyder presiding; the Plaintiff Allen B. Shay (“Plaintiff”) appearing by Attorneys John Burton and Matthew Sahak from THE LAW OFFICES OF JOHN BURTON, and Defendants County of Los Angeles, et.al. (“Defendants”) appearing by Attorneys Rickey Ivie and Antonio K. Kizzie from IVIE, MCNEILL, WYATT, PURCELL, & DIGGS, APLC.

         2. 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, each member was polled as to their vote, 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, unanimously find as follows on the questions submitted to us:

         QUESTION # 1

         Did Plaintiff Allen Shay prove by a preponderance of the evidence that Defendant Detective Christopher Derry violated Plaintiff's rights by executing a bail-hold declaration with deliberate indifference or reckless disregard for Plaintiff's rights or the truth?

         Answer: Yes__ No _X_

         If you answered “YES” to Question # 1, please answer Question # 2. If you answered “NO, ” STOP here, answer no further questions, have your presiding juror date and sign the verdict and inform the bailiff of your decision.

         QUESTION # 2

         Did Plaintiff prove by a preponderance of the evidence that Mr. Shay's rights would not have been violated but for Detective Derry signing the § 1275.1 bail hold declaration with deliberate indifference to, or reckless disregard for, Mr. Shay's rights, or the truth?

         Answer: Yes__ No__

         If you answered “YES” to Question # 2, please answer Question # 3. If you answered “NO, ” STOP here, answer no further questions, have your presiding juror date and sign the verdict and inform the bailiff of your decision.

         QUESTIO ...


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