Miramontes v. Klevos

Full title: PEDRO MIRAMONTES, Plaintiff, v. POLICE OFFICER BRETT KLEVOS, POLICE…

Court: UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

Date published: Aug 22, 2011

CASE NO. SACV08-0579 ABC(RNB) (C.D. Cal. Aug. 22, 2011)

Opinion

CASE NO. SACV08-0579 ABC(RNB)

08-22-2011

PEDRO MIRAMONTES, Plaintiff, v. POLICE OFFICER BRETT KLEVOS, POLICE OFFICER MARK BERGER, and SGT. FREISEN of the Anaheim Police Department, Defendants

AUDREY B. COLLINS

CRISTINA L. TALLEY, CITY ATTORNEY

MOSES W. JOHNSON, IV, ASSISTANT CITY ATTORNEY

STATE BAR NO. 118769

Attorneys for Defendants

Police Officer Brett Klevos,

Police Officer Mark Berger, and

Sgt. Freisen of the Anaheim Police Dept.

JUDGMENT ON JURY VERDICT

TRIAL

DATE: July 26, 2011

TIME: 8:30 a.m.

CTRM: 680

This action came on regularly for trial on July 26, 2011, in Courtroom 680 of the United States District Court, the Hon. AUDREY B. COLLINS, Chief Judge presiding; the Plaintiffs appeared by attorney Paul A. Kroeger of Jeffer, Mangels, Butler & Mitchell, LLP 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 Plaintiff prove by a preponderance of evidence that Defendant Klevos violated his civil rights by using unreasonable (excessive) force in arresting him?

___ Yes × No
2. Did Plaintiff prove by a preponderance of evidence that Defendant Berger violated his civil rights by using unreasonable (excessive) force in arresting him?

___ Yes × No

It appearing by reason of said verdict that: Defendants are entitled to judgment against Plaintiff,

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that said Plaintiff take nothing by his first amended complaint filed herein on November 14, 2008, and that Defendants Police Officer Brett Klevos, Police Officer Mark Berger, and Sgt. Freisen of the Anaheim Police Dept have and recover from Plaintiff, their costs to be awarded at a later date.

HON. AUDREY B. COLLINS

Chief United States District Judge