JAMES V. SELNA, Judge.
This action came on regularly for trial on November 12, 2014 in Courtroom 10C of the United States District Court, the Hon. James V. Selna, presiding; the Plaintiffs appeared by attorney Federico Sayre, Treyzon & Associates, and the Defendants appeared by attorney Moses W. Johnson, IV, Assistant City Attorney.
A jury of 8 persons was regularly impaneled and sworn. Witnesses were sworn 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 special verdict. The jury deliberated and thereafter returned into Court with its verdict as follows:
1. Did Plaintiffs prove by a preponderance of the evidence that Officer
Garcia violated Marcel Ceja's civil rights under federal law or his rights under state law through the use [of] unreasonable (excessive) force in arresting or detaining, preventing the escape of, or overcoming the resistance of, Marcel Ceja?
2. Did Plaintiffs prove by a preponderance of the evidence that Officer Garcia was negligent in using deadly force under the totality of the circumstances?
It appearing by reason of said verdict that: Defendants are entitled to judgment against Plaintiffs.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED Case 8:12-cv-00622-JVS-JPR Document 161 Filed 12/04/14 Page 3 of 3 Page ID #:1354 that said Plaintiffs take nothing by their complaint filed herein on April 20, 2012 and September 27, 2012, and that Defendants City of Anaheim and David Garcia have and recover from Plaintiffs, their costs to be awarded at a later date.