JUDGMENT AFTER TRIAL BY JURY

JAY C. GANDHI, Magistrate Judge.

TO THE HONORABLE COURT AND TO PLAINTIFF AND HIS ATTORNEYS OF RECORD:

This action came on regularly for trial on October 6, 2015 in Courtroom "790" of the United States District Court, Central District of California, before the Honorable Jay C. Gandhi, United States Magistrate Judge. Plaintiff Michael D. Fulton was represented by Janet Levine, Derek A. Hahn and Brent W. Westcott of CROWELL & MORING LLP. The Defendants Brian Thayer and Eduardo Garcia, were represented by Deputy City Attorney J. Edwin Rathbun, Jr.

A jury of 8 persons were empaneled and sworn. Witnesses were sworn and testified and documentary evidence was introduced and admitted into evidence. 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 the issues, if after proper deliberations, they could do so. The jury deliberated and thereafter returned to the court with their unanimous verdict as follows:

JURY VERDICT

WE, THE JURY, in the above-entitled action, unanimously determine in the case submitted to us as follows:

QUESTION NO. 1: Has the plaintiff Michael Fulton proved by a preponderance of the evidence his claim that defendant Brian Thayer violated 42 U.S.C. § 1983 by using excessive force against him?

If you answered "Yes" to Question No. 1, please proceed to Question No. 2. If you answered "No" To Question No. 1, please proceed to Question No. 4.

QUESTION NO. 2: What are plaintiff Michael Fulton's damages against defendant Brian Thayer?

Please proceed to Question No. 3.

QUESTION NO. 3: Was defendant Brian Thayer's conduct malicious, oppressive, or in reckless disregard of plaintiff Michael Fulton's rights?

Please proceed to Question No. 4.

QUESTION NO. 4: Has the plaintiff Michael Fulton proved by a preponderance of the evidence his claim that defendant Eduardo Garcia violated 42 U.S.C. § 1983 by using excessive force against him?

If you answered "Yes to Question No. 4, please proceed to Question No. 5. If you answered "No" to Question No. 4, please stop here, answer no further questions, and have the presiding juror sign and date this form.

QUESTION NO. 5: What are plaintiff Michael Fulton's damages against defendant Eduardo Garcia?

Please stop here and have the presiding juror sign and date this form.

By reason of the special verdict, Defendants BRIAN THAYER AND EDUARDO GARCIA are entitled to judgment against Plaintiff MICHAEL D. FULTON.

Now, therefore, it is ORDERED, ADJUDGED AND DECREED that Plaintiff MICHAEL D. FULTON, have and recover nothing by reason of each and all his claims as set forth in the First Amended Complaint against Defendants BRIAN THAYER AND EDUARDO GARCIA, and that Defendants BRIAN THAYER AND EDUARDO GARCIA shall recover their costs in accordance with Local Rule 54.