Case Document 237 Filed 07/14/17 Page 1 of 14

Honorable Barbara J. Rothstein

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

FREDRICK and ANNALESA and
READ, as Guardian ad Litem of
ET, a minor,

Plaintiffs,
V.

JASON BRIAN 
RYAN MICHAEL 
MICHAEL CITY OF and CITY
OF 

Defendants.

 

FREDRICK THOMAS and ANNALESA
THOMAS, as Co?Administrators of the Estate
of Leonard Thomas, and its statutory
bene?ciaries,

Plaintiffs,
V.
BRIAN MICHAEL 
NATHAN MICHAEL CITY
OF and CITY OF 

Defendants.

 

 

Nos. 3:15?05346 BJR

CONSOLIDATED CASES

VERDICT

We the Jury answer the questions submitted by the Court as follows:

Case Document 237 Filed 07/14/17 Page 2 of 14

Question One

Question 1: Plaintiffs ET. and the Estate of Leonard Thomas bring a Fourth and
Fourteenth Amendment constitutional claim for the unreasonable seizure of E.T. from Leonard
Thomas. Did any of the Defendants seize E.T. from his father Leonard Thomas in an

unreasonable manner, or cause E.T. to be unreasonably seized?

Yes i No_

If you answered yes, go to Questions la and 1b. If you answered no, go directly to

Question 2.

Question la. Which Defendants committed or caused the seizure found in Question 1?

Michael Zaro Yes i No 
Michael Wiley Yes i No 
Brian Markert Yes No 
City of Lakewood Yes No 

Question 1b. Which Plaintiffs were damaged by the seizure found in Question 1?

E.T. Yes No
Estate of Leonard Thomas Yes 7?

Case Document 237 Filed 07/14/17 Page 3 of 14

Question Two

Question 2: Plaintiff the Estate of Leonard Thomas brings a Fourth Amendment
constitutional claim for excessive force. Did any of the Defendants use excessive force against

Leonard Thomas, or cause excessive force to be used against him?

Yes )1 No?

If you answered yes, go to Questions 2a. If you answered no, go directly to Question

Question 23. Which Defendants caused the excessive force found in Question 2?

Michael Zaro Yes i No 
Michael Wiley Yes I No 
Brian Markert Yes AZ No 
City of Lakewood Yes No 

Case Document 237 Filed 07/14/17 Page 4 of 14

Question Three

 

Question 3: Plaintiffs E.T., Fred Thomas, and Annalesa Thomas bring a Fourteenth
Amendment claim for deprivation of their familial relationship with Leonard Thomas. Did
Michael Zaro cause E.T., Fred Thomas, or Annalesa Thomas to be deprived of their familial
relationship with Leonard Thomas by acting with deliberate indifference to the consequences of

his (Zaro?s) actions and decisions?

Yes No

If you answered yes, go to Question 3a and 3b. If you answered no, go directly to

Question 4.

Question 3a: Is the City of Lakewood also responsible?

Yes 1 No

Question 3b. Which of the plaintiffs were damaged by the deprivation found in

Question 3 

E.T. Yes i No?
Fred Thomas Yes i Now
Annalesa Thomas Yes No

Case Document 237 Filed 07/14/17 Page 5 of 14

Question Four

Question 4: Plaintiffs the Estate of Leonard Thomas, E.T., Fred Thomas, and Annalesa
Thomas bring a Fourth Amendment constitutional claim for unreasonable seizure of their house
through use of the explosive breach. Did any of the Defendants seize Plaintiffs? property
through use of the explosive breach in an unreasonable manner, or cause their property to be

unreasonably seized?

Yes 

If you answered yes, go to Questions 43 and 4b. If you answered no, go directly to

Question 5.

Question 4a. Which of the Defendants committed or caused the seizure?

Michael Zaro Yes i No 1__1
Michael Wiley Yes No 
City of Lakewood Yes 1/ No 

Question 4b. Which of the Plaintiffs were damaged by the seizure found in Question 4?

ET. Yes No

Estate of Leonard Thomas Yes 1 No?
Annalesa Thomas Yes No 
Fred Thomas . Yes No

Case Document 237 Filed 07/14/17 Page 6 of 14

Question Five

Question 5: Plaintiffs the Estate of Leonard Thomas and ET. bring a Fourth
Amendment claim for unreasonable seizure of their dog. Did any of the Defendants unreasonably
seize the dog when they killed him, or cause an unreasonable seizure of the dog?

Yes No__

If you answered yes, go to Questions 521 and 5b. If you answered no, go directly to

Question 6.

Question 53. Which Defendants committed or caused the seizure found in Question 5?
Michael Wiley Yes No 
Nathan Vance Yes No 

Question 5b. Which Plaintiffs were damaged by the seizure found in Question 5?
ET. Yes No?

Estate of Leonard Thomas Yes 3v?/ No

Case Document 237 Filed 07/14/17 Page 7 of 14

Question Six

Question 6: Plaintiff Fred Thomas brings a Fourth Amendment constitutional claim for
unreasonable seizure of his person. Did any of the Defendants seize Fred Thomas, or cause his

person to be seized, without legal cause or with excessive force?

Yes No?

If you answered yes, go to Questions 6a. If you answered no, go directly to Question

7.

Question 621. Which of the Defendants committed or caused seizure found in Question
6?

Michael Zaro Yes No 

Ryan Micenko Yes No :6

Jason Cannon Yes No

Case Document 237 Filed 07/14/17 Page 8 of 14

Question Seven

Question 7: Plaintiff Fred Thomas brings a claim under Washington state law for false
arrest. Did the Cities of either Fife or Lakewood, through the actions of their employees, cause

Fred Thomas to be falsely arrested on May 24, 2013?

Yes JNOW

If you answered yes, go to Questions 7a. If you answered no, go directly to Question

Question 7 21. Which Defendant(s), through the actions of their employees, committed or

caused the false arrest of Fred Thomas?

The City of Lakewood Yes i No

The City of Fife Yes No 

Case Document 237 Filed 07/14/17 Page 9 of 14

Question Eight

Question 8: Plaintiffs ET. and Annalesa Thomas bring a claim under Washington state
law for outrage against the City of Lakewood. Did the City of Lakewood, through the actions of
its employees, intentionally or recklessly cause severe emotional distress to E.T. or Annalesa

Thomas by outrageous conduct on May 24, 2013?
Yes No?

If you answered yes, go to Question 8a. If you answered no, go directly to Question

Question 821. Which of the Plaintiffs suffered severe emotional distress caused by the
outrageous conduct of these Defendants? I

E.T. Yes No_

Annalesa Thomas Yes No

Case Document 237 Filed 07/14/17 Page 10 of 14

uestion Nine

Question 9: Plaintiff E.T. brings a claim against the Cities of Fife and Lakewood under
Washington state law for negligence in the investigation which separated him from his father.
Did a negligent investigation by employees of the Cities of Fife or Lakewood cause the wrongful

permanent removal of ET. from his father Leonard Thomas?

Yes No

If you answered yes, go to Questions 93. If you answered no, go directly to Question

10.

Question 921. Which Defendants are responsible for the negligence you found in
Question 9?

The City of Lakewood Yes No 

The City of Fife Yes No

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Case Document 237 Filed 07/14/17 Page 11 of 14

Question Ten

Question 10: If you found in favor of any of the Plaintiffs on any claim, please answer

the questions below for those Plaintiffs you found in favor of. Otherwise, please sign and return

your verdict form. Take care to only award damages for claims on which you found liability.

10a. E.T.: For the claims you found in favor of ET, what damages do you ?nd for ET.

for each claim?

 

 

 

 

 

Unreasonable seizure from his father (Question 1): '6 OD {500 . 
Deprivation of his familial relationship with Leonard (Question 3): 1 I 7 [30 i Obi) . DO
Unreasonable seizure of his house (Question 4): \th Q00 . CO
Unreasonable seizure of his dog (Question 5): :13 I PC

Outrage (Question 8): 1131? 000 . 
Negligent Investigation (Question 9): 1260i GOO ?00

 

10b. Estate of Leonard Thomas: For the claims you found in favor of the Estate of

Leonard Thomas, what damages do you ?nd for the Estate of Leonard Thomas for each claim?

 

 

 

Unreasonable seizure of his son (Question 1): "l ?50 {000 00
Excessive Force (Question 2): 00 COO - OD
Unreasonable seizure of his house (Question 4): 000 .. 0 
Unreasonable seizure of his dog (Question 5): [0 CO . 0?0

 

10c. Annalesa Thomas: For the claims you found in favor of Annalesa Thomas, what

damages do you ?nd for Annalesa Thomas for each claim?

Deprivation of her familial relationship with Leonard (Question 3): 130 CO . 

 

 

Unreasonable seizure of her house (Question 4): :00 . 000 CC
Outrage (Question 8): [28? 000 .00

ll

Case Document 237 Filed 07/14/17 Page 12 of 14

10d. Fredrick Thomas: For the claims you found in favor of Fredrick Thomas, what
damages do you ?nd for Fredrick Thomas for each claim?

0 Deprivation of his familial relationship with Leonard (Question 3): ?l ?30 (000 - CFO

 

 

 

Unreasonable seizure of his house (Question 4Excessive force (Question 6): - 00
0 False arrest (Question 7): V700. ODD .. DO

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Case Document 237 Filed 07/14/17 Page 13 of 14

Question Eleven

Question 11: Should punitive damages be assessed against any of the following
Defendants? Answer only as to Defendants who you have found individually liable on one or

more of Plaintiffs? constitutional claims (Questions 

 

 

Michael Zaro Yes :1 No_

If yes, state the amount of punitive damages: UGO 3 00C) - 0 0
Michael Wiley Yes i No?

If yes, state the amount of punitive damages: . 9&0 00 '0 . CC)
Brian Markert Yes No

a 3 .
If yes, state the amount of punitive damages: W-

sillpooyoch

13

Case Document 237 Filed 07/14/17 Page 14 of 14

Question Twelve

Question 12: Should punitive damages be assessed against any of the following

Defendants? Answer only as to Defendants who you have found individually liable on Question

 

 

6.
Jason Cannon Yes No 
If yes, state the amount of punitive damages: i Pt
Ryan Micenko Yes No i
If yes, state the amount of punitive damages: 

Date and sign the form and advise the Court that you have reached a verdict.

DATED this Wr?day ofJuly, 2017.

Presiding Juror

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