Pipkin v. City County of San Francisco

Full title: MICHAEL ALLISON PIPKIN, Plaintiff, v. CITY AND COUNTY OF SAN FRANCISCO, et…

Court: United States District Court, N.D. California

Date published: Oct 31, 2003

No. C-02-3347 EDL (N.D. Cal. Oct. 31, 2003)

Opinion

No. C-02-3347 EDL

October 31, 2003

JUDGMENT

ELIZABETH LAPORTE, Magistrate Judge

This action came before the Court for a trial by jury, Magistrate Judge Elizabeth D. Laporte presiding, and the issues have been tried and the jury has rendered its verdict. IT IS HEREBY ORDERED AND ADJUDGED that:

1. Plaintiff take nothing by his Complaint against Defendants;

2. Judgment be entered in favor of Defendants City and County of San Francisco, Officer Leonard Morrow, and Officer Joshua Olson as to all of Plaintiff s claims; and

3. Defendants shall recover of the Plaintiff their costs of action.

SPECIAL VERDICT FORM

We the jury in the above entitled action, unanimously find the following special verdict on the questions submitted to us:

EXCESSIVE FORCE

Question No. 1:

Do you find by a preponderance of the evidence that either Officer Leonard Morrow or Officer Joshua Olson used excessive force against Plaintiff Michael Pipkin in violation of his Fourth Amendment rights to the U.S. Constitution and that such excessive force caused injury to Plaintiff?

Officer Leonard Morrow No____ Yes_____

Officer Joshua Olson No______ Yes_____

Please go to Question No. 2.

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Question No. 2;

Do you find by a preponderance of the evidence that either Officer Morrow or Officer Olson engaged in outrageous conduct toward Plaintiff, with the intent to cause emotional distress, or with reckless disregard of the probability of causing Plaintiff to suffer emotional distress, and did such conduct cause Plaintiff to suffer severe emotional distress?

Officer Leonard Morrow No_____ Yes______

Officer Joshua Olson No________ Yes_______

Please go to Question No. 3.

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

Question No. 3:

Do you find by a preponderance of the evidence that either Officer Morrow or Officer Olson acted negligently in a manner that caused Plaintiff to suffer severe emotional distress?

Officer Leonard Morrow No______ Yes________

Officer Joshua Olson No_______ Yes________

Please go to Question No. 4

BATTERY

Question No. 4

Do you find by a preponderance of the evidence that either Officer Morrow or Officer Olson committed a battery (using excessive force) against Plaintiff that caused injury to Plaintiff?

Officer Leonard Morrow No_________ Yes_______

Officer Joshua Olson No__________ Yes________

Please go to Question No. 5

CIVIL CODE § 52.1

Question No. 5:

Do you find by a preponderance of the evidence that either Officer Morrow or Officer Olson committed violence against Plaintiff because of his race, color, or ancestry?

Officer Leonard Morrow No________ Yes______

Officer Joshua Olson No________ Yes_________

Please go to next page.

DAMAGES

The next series of questions relate to damages. You are not to answer these questions if you found against Plaintiff on each of his claims for relief as to each officer. You are only to answer the questions relating to damages if you have found liability on one or more of Plaintiff s above claims for relief against at least one Officer.

Therefore, if you answered "No" to Questions 1 through 5 as to both officers, then sign and date this verdict form and give it to the Courtroom Deputy.

If, however, you answered yes to any of Questions 1 through 5 as to either officer, then please go to Question No. 6.

Question No. 6;

Without taking into consideration the reduction of damages due to the negligence of the Plaintiff, if any, what do you find to be the total amount of actual damages, if any, suffered by the Plaintiff and caused by defendant in this incident?

If you find that the Plaintiff has failed to prove actual damages and you answered "Yes" to Question 1 as to at least one officer, you shall return an award of nominal damages not to exceed one dollar.

If you find that Plaintiff has failed to prove actual damages and you answered "No" to Question 1 regarding Excessive Force as to both Officers, you shall return an award of zero damages.

Please go to next page.

If you answered "Yes" to Question No. 3, regarding Negligent Infliction of Emotional Distress, please go to Question No. 7.

If you answered "No" to Question No. 3, regarding Negligent Infliction of Emotional Distress, please sign, date and return this form.

COMPARATIVE NEGLIGENCE BY PLAINTIFF

Question No. 7:

Do you find by a preponderance of the evidence that Plaintiff was negligent in a way that was a cause of injury to himself?

Yes_________

No__________

If so, what percent of Plaintiff s damages was caused by his own negligence. (The percentage must be less than 100%.)

________%

Please sign, date, and return this verdict form.