JUDGMENT AFTER TRIAL BY JURY

JESUS G. BERNAL, District Judge.

This action came on for trial on April 22, 2014, in Courtroom 1 of the United States District Court for the Central District of California, Eastern Division, the Honorable Jesus G. Bernal, United States District Judge, presiding.

Plaintiffs Alexander Perez Alvarado and Elmer Perez Alvarado, minors, individually and as heirs at law and successor in interest to the Estate of Elmer Alexander Perez, by and through their guardian ad litem, Diana Alvarado, were represented by Federico Castelan Sayre.

Defendants City of Santa Ana, Corporal Manuel Moreno, and Officers David Prewett, Brandon Sontag and Tony Lee were represented by Steven J. Rothans, Mark D. Rutter and Jill Williams of Carpenter, Rothans & Dumont.

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 May 2, 2014, returned to Court with its verdict as follows:

SECTION 1983-FOURTH AMENDMENT CLAIM

Question 1: Did Corporal Manuel Moreno, Officer David Prewett, Officer Tony Lee, or Officer Brandon Sontag use excessive force against decedent Elmer Perez in violation of his Fourth Amendment right?

SECTION 1983-FOURTEENTH AMENDMENT CLAIM

Question No. 4: Do you find that Corporal Manuel Moreno, Officer David Prewitt, Officer Tony Lee, or Officer Brandon Sontag acted in a manner which "shocks the conscience"?

WRONGFUL DEATH-NEGLIGENCE CLAIM

Question No. 10: Do you find that Corporal Manuel Moreno, Officer David Prewett, Officer Tony Lee, or Officer Brandon Sontag was negligent?

WRONGFUL DEATH-BATTERY CLAIM

Question No. 16: Do you find that Corporal Manuel Moreno, Officer David Prewett, Officer Tony Lee, or Officer Brandon Sontag intentionally caused Elmer Perez to be touched?

Pursuant to the jury's verdict finding in favor of Defendants City of Santa Ana, Corporal Manuel Moreno and Officers David Prewett, Brandon Sontag and Tony Lee,

NOW, THEREFORE, IT IS ORDERD, ADJUDGED AND DECREED that final judgment in this action be entered as follows:

1. Defendants City of Santa Ana, Corporal Manuel Moreno and Officers David Prewett, Brandon Sontag and Tony Lee, shall have judgment entered in their favor on the plaintiffs' claim for violations of Elmer Perez's Fourth Amendment rights under 42 U.S.C. § 1983 and plaintiffs shall take nothing;

2. Defendants City of Santa Ana, Corporal Manuel Moreno and Officers David Prewett, Brandon Sontag and Tony Lee, shall have judgment entered in their favor on the plaintiffs' claim for violations of their Fourteenth Amendment rights under 42 U.S.C. § 1983 and plaintiffs shall take nothing;

3. Defendants City of Santa Ana, Corporal Manuel Moreno and Officers David Prewett, Brandon Sontag and Tony Lee, shall have judgment entered in their favor on the plaintiffs' state tort claim for wrongful death/negligence and plaintiffs shall take nothing;

4. Defendants City of Santa Ana, Corporal Manuel Moreno and Officers David Prewett, Brandon Sontag and Tony Lee, shall have judgment entered in their favor on the plaintiffs' state tort claim for wrongful death/battery and plaintiffs shall take nothing; and,

5. Defendants City of Santa Ana, Corporal Manuel Moreno and Officers David Prewett, Brandon Sontag and Tony Lee shall recover costs of suit and interest incurred herein, as provided by law.