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Fermin Vincent Valenzuela v. City of Anaheim

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

December 4, 2019

FERMIN VINCENT VALENZUELA, Plaintiff,
v.
CITY OF ANAHEIM, et al., Defendants. VINCENT VALENZUELA and XIMENA VALENZUELA by and through their guardian PATRICIA GONZALEZ, Plaintiffs,
v.
CITY OF ANAHEIM, et al., Defendants.

          JUDGMENT ON JURY VERDICT

          CORMAC J. CARNEY UNITED STATES DISTRICT JUDGE

         This action came on regularly for trial on November 12, 2019 in Courtroom 7C of the United States District Court, Central District of California before the Court and a jury, the Honorable Judge Cormac J. Carney presiding.

         A jury of eight persons was regularly empaneled 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 case was submitted to the jury. The jury deliberated and thereafter returned a verdict on Phase I on November 18, 2019, and on Phase II on November 20, 2019 as follows:

         PHASE I VERDICT

         Question 1: Did Officer Woojin Jun or Officer Daniel Wolfe use excessive or unreasonable force against Fermin Vincent Valenzuela Junior in violation of his constitutional rights under the Fourth Amendment?

         Officer Woojin Jun ___ X___ Yes. ____No.

         Officer Daniel Wolfe ___X___ Yes. _____No.

         Question 2: Is Sergeant Daniel Gonzalez liable as a supervisory defendant for the unlawful actions of Officer Woojin Jun or Officer Daniel Wolfe?

         ___X___ Yes. ____No.

         Question 3: Is the City of Anaheim liable for the actions of any of its defendant police officers based on an unlawful official policy, practice, or custom of the Anaheim Police Department?

         ___X___ Yes. ___No.

         Question 4: Is the City of Anaheim liable for the actions of any of its defendant police officers based on the Anaheim Police Department's failure to train?

         ___Yes. ____X___No.

         Question 5: Did any of the defendant police officers act with a purpose to harm unrelated to legitimate law enforcement objectives in violation of Plaintiffs' substantive due process rights to familial relations under the Fourteenth Amendment?

         Officer Woojin Jun ___Yes. ___X___No.

         Officer Daniel Wolfe ___Yes.___X___No.

         Sergeant Daniel Gonzalez ...


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