Aaron Raiser v. City of Temecula

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 AARON RAISER, ) CASE NO: 5:17-cv-00217 RGK(RAOx) ) 12 Plaintiff, ) (PROPOSED) JUDGMENT ) 13 vs. ) ) 14 CITY OF TEMECULA et al, ) ) 15 Defendants. ) ______________________________ ) 16 17 This case was tried to a jury starting on December 10, 2019. The court 18 bifurcated trial into two phases. Phase 1 addressed liability. Phase 2 addressed 19 damages and Monell issues. 20 The jury returned the following verdict for phase 1: 21 For the following encounters, did plaintiff Aaron Raiser prove by a 22 preponderance of the evidence that his constitutional rights were violated by the 23 named deputies? 24 By a deputy sheriff on 2/10/15 No 25 By a deputy sheriff on 2/18/15 No 26 By Deputy Melback on 6/22/15 No 27 By Deputies Nelson and Waroff on 7/7/15 No By Deputy Butts on 10/21/15 Yes 28 : 2 3 At the conclusion of Plaintiffs presentation of evidence in phase 2, the Court 4 granted Defendants’ motion for judgment pursuant to F.R.Civ.P. Rule 50(a) on both 5 damages and Monell issues. 6 The Court found that Plaintiff had not met his burden of proving his equitable 7 claims, claims 16, 20, 24 and 26. (Docket number 368) The Court denied 8 | Defendants’ motion for judgment pursuant to F.R.Civ.P. Rule 50(b) (docket number ? 366) and denied Plaintiff’s motion for new trial/motion to vacate. (Docket number 369) Ninth Circuit cases hold that if a plaintiff obtains a verdict finding liability but 2 I does not prove any actual damages, the plaintiff is entitled to nominal damages of sy. Floyd v. Laws, 929 F.2d 1390, 1402-1403 (9 Cir. 1991); Schneider v. County 14 of San Diego, 285 F.3d 784, 795 (9th Cir. 2002). 15 The Court therefore enters judgment as follows: 16 1. Judgment is entered in favor of plaintiff Aaron Raiser against defendant M7 Deputy Richard Butts in the sum of $1. 18 2. Judgment is entered in favor of defendants County of Riverside, City of 19 Temecula, Deputy Brian Nelson, Deputy Jared Melback, and Deputy Steven Waroff 20 | and against plaintiff Aaron Raiser. 21 . Dated: March 23, 2020 Race a 3 United States District Judge 24 25 26 27 28