Filed: Oct. 05, 2018
Latest Update: Oct. 05, 2018
Summary: JUDGMENT GEORGE H. WU , District Judge . 1. This case came on regularly for trial on September 25, 2018 to October 2, 2018 in Department 9D of this Court, the Honorable George H. Wu presiding; the Plaintiff appearing by Attorneys John Burton and Matthew Sahak from LAW OFFICE OF JOHN BURTON and Maria Cavalluzzi of CAVALLUZZI & CAVALLUZZI, and Defendants appearing by Attorneys Rickey Ivie and Antonio K. Kizzie from IVIE, McNEILL & WYATT, APLC. 2. A jury of 8 persons was regularly impaneled a
Summary: JUDGMENT GEORGE H. WU , District Judge . 1. This case came on regularly for trial on September 25, 2018 to October 2, 2018 in Department 9D of this Court, the Honorable George H. Wu presiding; the Plaintiff appearing by Attorneys John Burton and Matthew Sahak from LAW OFFICE OF JOHN BURTON and Maria Cavalluzzi of CAVALLUZZI & CAVALLUZZI, and Defendants appearing by Attorneys Rickey Ivie and Antonio K. Kizzie from IVIE, McNEILL & WYATT, APLC. 2. A jury of 8 persons was regularly impaneled an..
More
JUDGMENT
GEORGE H. WU, District Judge.
1. This case came on regularly for trial on September 25, 2018 to October 2, 2018 in Department 9D of this Court, the Honorable George H. Wu presiding; the Plaintiff appearing by Attorneys John Burton and Matthew Sahak from LAW OFFICE OF JOHN BURTON and Maria Cavalluzzi of CAVALLUZZI & CAVALLUZZI, and Defendants appearing by Attorneys Rickey Ivie and Antonio K. Kizzie from IVIE, McNEILL & WYATT, 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 prove by a preponderance of the evidence that Defendant Carlos Vega violated Plaintiff's constitutional rights by unlawfully coercing an involuntary confession from him that was later used against him in a criminal case?
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 that you have reached a decision.
QUESTION # 2
Did Plaintiff prove by a preponderance of the evidence that Defendant Carlos Vega's violation of Plaintiff's constitutional rights by unlawfully coercing an involuntary confession from him that was later used against him in a criminal trial was the moving force (a substantial factor) in causing the injuries now claimed by Plaintiff?
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 that you have reached a decision.
QUESTION #3
What Plaintiff's damages, if any?
1) Past economic losses such as lost earning, not including legal and bail expenses:
$____________________
2) Legal and Bail Expenses:
$____________________
3) Future economic losses such as lost earnings and lost earning capacity:
$____________________
4) Past and future non-economic losses such as pain and mental suffering, loss of reputation:
$____________________
Please answer Question # 4.
QUESTION NO. 4
Has Plaintiff proven by a preponderance of the evidence that Defendant Vega acted with malice, oppression or reckless disregard of Plaintiff's rights?
Answer: YES_______ NO_______
If your answer to Question # 4 is "Yes," please go to Question # 5. If your answer is "No," please STOP here, answer no further questions, have your presiding juror date and sign the verdict and inform the bailiff that you have reached a decision.
QUESTION # 5:
What is the total amount of punitive damages, if any, that you award to Plaintiff against Defendant Vega? $____________________
It appearing by reason of said special verdict that: Defendant SGT. CARLOS VEGA is entitled to judgment against the plaintiff TERENCE B. TEKOH.
Now, therefore, it is ORDERED, ADJUDGED, AND DECREED that said Plaintiff TERENCE B. TEKOH shall recover nothing by reason of the complaint, and that defendants shall recover costs from said plaintiff TERENCE B. TEKOH pursuant to Federal Rule of Civil Procedure 54(d)(1). The cost bill will be submitted directly to this Court for its review and determination.
