Miranda v. City of Anaheim

Full title: RAFAEL GARCIA MIRANDA and OLGA MARTHA GARCIA, Plaintiffs, v. CITY OF…

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Apr 15, 2015

SACV 13-01826 JVS (DFMx) (C.D. Cal. Apr. 15, 2015)

Opinion

RAFAEL GARCIA MIRANDA and OLGA MARTHA GARCIA, Plaintiffs, v. CITY OF ANAHEIM, a governmental entity; ANAHEIM POLICE DEPARTMENT, a governmental agency; DARREN WYATT, an individual; Detective HERNANDEZ, an individual; ROBERT DUNN, an individual; CRAIG HUNTER, an individual; JOHN WELTER, an individual; COUNTY OF ORANGE, a municipality; and DOES 1 through 50, inclusive, Defendants. No. SACV 13-01826 JVS (DFMx) United States District Court, C.D. California. April 15, 2015

          JUDGMENT ON JURY VERDICT

          JAMES V. SELNA, District Judge.

         This action came on regularly for trial on March 24, 2015, in Courtroom Case 8:13-cv-01826-JVS-DFM Document 116 Filed 04/15/15 Page 2 of 3 Page ID #:2050 10C of the United States District Court, the Honorable James V. Selna, presiding; the Plaintiffs appeared by attorney Mark Eisenberg, and the Defendant Daron Wyatt 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. Do you find by a preponderance of the evidence that defendant Daron Wyatt violated plaintiff Rafael Garcia Miranda's civil rights for the purpose of causing his harm by coercing him into confessing during his homicide interrogations in 2012?

         2. Do you find by a preponderance of the evidence that defendant Daron Wyatt used unreasonable (excessive) force on plaintiff Rafael Garcia Miranda during his homicide interrogations in 2012?

         3. Do you find by a preponderance of the evidence that defendant Daron Wyatt committed a battery on plaintiff Rafael Garcia Miranda?

         It appearing by reason of said verdict that: Defendant Daron Wyatt is Case 8:13-cv-01826-JVS-DFM Document 116 Filed 04/15/15 Page 3 of 3 Page ID #:2051 entitled to judgment against Plaintiffs.

         NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that said Plaintiffs take nothing by their complaint filed on September 24, 2013, and that Defendant Daron Wyatt have and recover from Plaintiffs, his costs and attorney's fees as allowed by law, to be awarded at a later date.