Filed: Aug. 10, 2016
Latest Update: Aug. 10, 2016
Summary: JUDGMENT JESUS G. BERNAL , District Judge . After a Jury Trial conducted on July 12, 13, 14, 15, 19, 20, and 21, 2016, the Jury has rendered a Verdict in favor of defendants Sgt. JOHN BANNES and COUNTY OF SAN BERNARDINO on all operative claims and causes of action brought by plaintiff against plaintiff ROBERT JACKSON III. Plaintiff ROBERT JACKSON III voluntarily dismissed all claims and/or causes of action not addressed in this Judgment prior to submission of the case to the jury. In lig
Summary: JUDGMENT JESUS G. BERNAL , District Judge . After a Jury Trial conducted on July 12, 13, 14, 15, 19, 20, and 21, 2016, the Jury has rendered a Verdict in favor of defendants Sgt. JOHN BANNES and COUNTY OF SAN BERNARDINO on all operative claims and causes of action brought by plaintiff against plaintiff ROBERT JACKSON III. Plaintiff ROBERT JACKSON III voluntarily dismissed all claims and/or causes of action not addressed in this Judgment prior to submission of the case to the jury. In ligh..
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JUDGMENT
JESUS G. BERNAL, District Judge.
After a Jury Trial conducted on July 12, 13, 14, 15, 19, 20, and 21, 2016, the Jury has rendered a Verdict in favor of defendants Sgt. JOHN BANNES and COUNTY OF SAN BERNARDINO on all operative claims and causes of action brought by plaintiff against plaintiff ROBERT JACKSON III. Plaintiff ROBERT JACKSON III voluntarily dismissed all claims and/or causes of action not addressed in this Judgment prior to submission of the case to the jury.
In light of the foregoing, the Court hereby enters Judgment in this case as follows:
1. As to the First Claim for Relief — a claim for Excessive Force pursuant to 42 U.S.C. § 1983 in violation of the Fourth Amendment to the U.S. Constitution by plaintiff ROBERT JACKSON III against defendant JOHN BANNES — the Court hereby enters Judgment in favor of the defendant on this cause of action and all claims therein. Accordingly, plaintiff shall recover nothing as to this claim.
2. As to the Third Claim for Relief — a claim for Battery/Unreasonable Force pursuant to California law (including Cal. Gov. Code § 820) by plaintiff ROBERT JACKSON III against defendant JOHN BANNES and (vicariously) against defendant COUNTY OF SAN BERNARDINO — the Court hereby enters Judgment in favor of the defendants on this cause of action and all claims therein. Accordingly, plaintiff shall recover nothing from any of the defendants as to this claim.
3. As to the Fourth Claim for Relief — a claim for Negligence in Use of Force1 pursuant to California law (including Cal. Gov. Code §§ 815.2 and 820) by plaintiff ROBERT JACKSON III against defendant JOHN BANNES and (vicariously) against defendant COUNTY OF SAN BERNARDINO — the Court hereby enters Judgment in favor of the defendants on this cause of action and all claims therein. Accordingly, plaintiff shall recover nothing from any of the defendants as to this claim.
4. In light of the foregoing, the Court hereby Orders that JUDGMENT shall be entered for all of the defendants in this action, and against the plaintiff, on all of the plaintiff's claims and causes of action in this civil action.
5. The Court further Orders that defendants shall be permitted to recover their cost against plaintiff ROBERT JACKSON III.
6. In light of the foregoing, except to retain jurisdiction to enforce this Judgment or other Order of this Court made in this action, and to rule upon an application for costs, the Court hereby DISMISSES WITH PREJUDICE the entire action, and all claims and causes of action therein.
