Filed: Aug. 15, 2014
Latest Update: Aug. 15, 2014
Summary: [PROPOSED] JUDGMENT AFTER TRIAL BY JURY [54] DAVID O. CARTER, District Judge. This action came on for trial on August 1, 2014, in Courtroom 9D of the United States District Court for the Central District of California, the Honorable David O. Carter, United States District Judge, presiding. Plaintiff Maria Isabel Garcia was represented by Robert English. Defendants, City of Huntington Beach, Kenton Ferrin and Tom Weizoerick were represented by Sr. Deputy City Attorney Neal Moore of the Cit
Summary: [PROPOSED] JUDGMENT AFTER TRIAL BY JURY [54] DAVID O. CARTER, District Judge. This action came on for trial on August 1, 2014, in Courtroom 9D of the United States District Court for the Central District of California, the Honorable David O. Carter, United States District Judge, presiding. Plaintiff Maria Isabel Garcia was represented by Robert English. Defendants, City of Huntington Beach, Kenton Ferrin and Tom Weizoerick were represented by Sr. Deputy City Attorney Neal Moore of the City..
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[PROPOSED] JUDGMENT AFTER TRIAL BY JURY [54]
DAVID O. CARTER, District Judge.
This action came on for trial on August 1, 2014, in Courtroom 9D of the United States District Court for the Central District of California, the Honorable David O. Carter, United States District Judge, presiding.
Plaintiff Maria Isabel Garcia was represented by Robert English.
Defendants, City of Huntington Beach, Kenton Ferrin and Tom Weizoerick were represented by Sr. Deputy City Attorney Neal Moore of the City of Huntington Beach.
A jury of eight persons was regularly empanelled and sworn. Witnesses were sworn and testified. After the presentation of the evidence, the instructions of the Court, and the arguments of counsel, the case was submitted to the jury. The jury deliberated and, on August 7, 2014, returned to Court with its verdict as follows:
1. On Maria Isabel Garcia's claim under 42 U.S.C. § 1983 for deprivation of rights, privileges, or immunities secured by the Fourth Amendment:
___ We find in favor of Maria Isabel Garcia and against both Kenton Ferrin and Tom Weizoerick.
___ We find in favor of Maria Isabel Garcia and against Kenton Ferrin only.
___ We find in favor of Maria Isabel Garcia and against Tom Weizoerick only.
X We find in favor of Kenton Ferrin and Tom Weizoerick and against Maria Isabel Garcia.
2. On Maria Isabel Garcia's claim under 42 U.S.C. § 1983 for deprivation of rights, privileges, or immunities secured by the Fourteenth Amendment:
___ We find in favor of Maria Isabel Garcia and against both Kenton Ferrin and Tom Weizoerick.
___ We find in favor of Maria Isabel Garcia and against Kenton Ferrin only.
___ We find in favor of Maria Isabel Garcia and against Tom Weizoerick Case 8:12-cv-01779-DOC-JPR Document 63 Filed 08/15/14 Page 3 of 3 Page ID #:368 only.
X We find in favor of Kenton Ferrin and Tom Weizoerick and against Maria Isabel Garcia.
3. On Maria Isabel Garcia's claim for wrongful death:
___ We find in favor of Maria Isabel Garcia and against both Kenton Ferrin and Tom Weizoerick.
___ We find in favor of Maria Isabel Garcia and against Kenton Ferrin only.
___ We find in favor of Maria Isabel Garcia and against Tom Weizoerick only.
X We find in favor of Kenton Ferrin and Tom Weizoerick and against Maria Isabel Garcia.
Pursuant to the jury's verdict finding in favor of Defendants Kenton Ferrin and Tom Weizoerick,
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that final judgment in this action be entered as follows:
Defendants Kenton Ferrin, Tom Weizoerick, and the City of Huntington Beach shall have judgment entered in their favor on Plaintiff's claims for violations of Plaintiff's Fourth and Fourteenth Amendment rights under 42 U.S.C. §1983, and Plaintiff's state law claim for wrongful death, and Plaintiff shall take nothing; and,
Defendants Kenton, Ferrin, Tom Weizoerick, and the City of Huntington Beach shall recover costs of suit as provided by law.
