Opinion
CASE NO.: CV09-08617 DDP (AGRx)
08-04-2011
KEVIN BERNSTEIN, Plaintiff, v. CITY OF LOS ANGELES; HUMBERTO FAJARDO, MICHAEL FESPERMAN, JOHN DOERBECKER, JEFF WACO and DOES 1 through 25, Defendants
Assigned to: Honorable
Assigned to: Magistrate Alicia G. Rosenberg
JUDGMENT ON SPECIAL VERDICT
On July 26, 2011, the foregoing matter was called for trial in Courtroom 3 of the United States District Court. The parties answered ready for Trial. On July 26, 2011, a panel of jurors was called and sworn.
The case was tried to the jury and on August 2, 2011, the case was then submitted to the jury for deliberation.
On August 3, 2011, the jury returned a unanimous verdict as follows:
We, the jury in the above-entitled action, render the following findings of facts as to the issues submitted to us: Question No. 1: Was Plaintiff Kevin Bernstein unlawfully arrested for attempted murder without probable cause?
YES ____Question No. 2: Please place a check mark next to the name of each Defendant who either unlawfully arrested Plaintiff Kevin Bernstein, or caused Plaintiff Kevin Bernstein to be unlawfully arrested.
NO √
If you answered "yes" please proceed to Question No. 2. If you answered "no", proceed to Question No. 3.
Defendant Fajardo ____Question No. 3: Did Defendants subject Plaintiff Kevin Bernstein to malicious prosecution?
Defendant Doerbecker ____
Defendant Waco ____
Please proceed to Question 3.
YES ____Question No. 4: Please place a check mark next to the name of each Defendant who caused the malicious prosecution of Plaintiff Kevin Bernstein.
NO √
- If you answered "yes," please proceed to Question No. 4
-If you answered "no" to Question No. 3, but answered "yes" to Question
NO. 1, please proceed to Question No. 5.
-If you answered "No" to both Question Nos. 1 and 3, please sign, date, and return this verdict form.
Defendant Fajardo _Question No. 5 Did a practice or custom of the City of Los Angeles cause a violation of Kevin Bernstein's constitutional rights?
Defendant Doerbecker _
Defendant Waco _
Please proceed to Question 5.
YES ____Question No. 6: Did any conduct about which you answered "yes" above, cause plaintiff Kevin Bernstein to suffer injury or damages?
NO ____
If you answered "yes" to Questions 1, 3 or 5, please proceed to Question No. 6. If you answered "no" to Questions 1, 3 and 5, please sign and date this form.
YES ____Question No. 7: Please state the total amount of damages you award to plaintiff Kevin Bernstein.
NO ____
If you answered "yes" please proceed to Question No. 7.
$ ____Question No. 8: Do you find by a preponderance of the evidence that the conduct of any defendant which caused injury or damage to plaintiff Kevin Bernstein was malicious, oppressive, or in reckless disregard of plaintiff Kevin Bernstein's rights?
Please proceed to Question No. 8.
YES ____Question No. 9: Please place a check mark next to the name of each defendant whose conduct you find to be malicious, oppressive, or in reckless disregard of plaintiff Kevin Bernstein's rights.
NO ____
If you answered "yes" proceed to Question No. 9. If you answered "no", please sign and date this form.
Defendant Fajardo ____
Defendant Doerbecker ____
Defendant Waco ____
REDACTED VERDICT FORM AS TO
FOREPERSON SIGNATURE
FOREPERSON
ORDER
Therefore, IT IS HEREBY ORDERED, DECREED AND ADJUDGED that judgment on the merits be entered in favor of Defendants, CITY OF LOS ANGELES, JOHN DOERBECKER, JEFFREY WACO and HUMBERTO FAJARDO, and against Plaintiff, KEVIN BERNSTEIN, that the Plaintiff take nothing; and that the Defendants CITY OF LOS ANGELES, JOHN DOERBECKER, JEFFREY WACO, and HUMBERTO FAJARDO, as the prevailing parties, shall be entitled to recover their costs reasonably incurred in defense of this action.
Honorable Dean D. Pregerson
United States District Judge