Clark et al v. Miller et al

Filing 91

ORDER ON JURY TRIAL held on 3/15-3/16/11. Ruling on various motions in limine were made during in camera hrg held on 3/15/11 as set out. At close of Plf's case, Dfts' 73 MOTION for Judgment as a Matter of Law, 74 MOTION for Judgment a s a Matter of Law, 84 MOTION for Judgment as a Matter of Law were DENIED as set out. Hrg held on 3/16/11 outside the presence of the jury, & 86 MOTION to call rebuttal witness was DENIED as set out. At close of evidence, Dfts' 87 MOTION for Judgment as a Matter of Law, 88 MOTION for Judgment as a Matter of Law, 89 MOTION for Judgment as a Matter of Law were DENIED as set out. Jury returned verdict on 3/16/11. Post Motions due by 4/5/2011. Signed by Judge Callie V. S. Granade on 3/17/2011. (Attachment: # 1 Vertdict Form) (tot)

Clark et al v. Miller et al

Doc. 91 Att. 1

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION
JENNIFER ANN CLARK ANGELA STEVENSO Plaintiffs,
v. ) ) ) ) ) )

) cIV[

ACTTON NO. 09-0694-CG-B

oFFrcER JOHN MILLER, ) OFFICER ALAN CARPENTERO ) VINCENT HERTZ, and, )
MOBTLE

COUNTY

Defendants.

) ) )

VERDICTS AND SPECIAL INTERROGATORIES

[. Unlawful Entrv Claims asainst Miller" Carpenter and Hertz
A. Deputy John Miller
Do you find from the preponderance of the evidence:

1. That Deputy Miller violated the federal constitutional right of Jennifer Clark not to be
subjected to an

unlawfulp

of her home?

Answer: Yes

orNg Z
is No, then skip to the unlawful entry claim against Carpenter,

If you Answer
section B.

-

2. If Yes, then were Deputy Miller's
any, toClark?

acts the proximate or legal cause of damages,

if

Answer: Yes or No

Dockets.Justia.com

3.

If

Yes, then should Clark be awarded compensatory damages due to the unlawful entry

bv Miller?

Answer: Yes or No lr

If your answer is yes, then in what amount?
4.That Deputy Miller acted with malice or reckless indifference in unlawfully entering

Clark's home, such that punitive damages should be assessed against him? Answer: Yes o

If Yes. then in what amount?
B. Depufy Alan Carpenter Do you find from the preponderance of the evidence:

1. That Deputy Carpenter violated the federal constitutional right of Jennifer Clark not to
be subjected to an unlawful entry of her home?

Answer:

Y", orKJ \:Ja
-

If you Answer is No, then skip to the unlawful entry claim against Hertz, section C.

2. If Yes, then were Deputy Carpenter's
anyo to Clark?

acts the proximate or legal cause of damages,

if

Answer: Yes or No

3.

If Yes, then should Clark be awarded compensatory damages due to the unlawful entry
Answer: Yes or No

by Carpenter?

If your answer is yes, then in what amount?

2

4.ThatDeputy Carpenter actedwith malice or reckless indifference in unlawfully
entering Clark's home, such that punitive damages should be assessed against him?

Answer: ves

(pl__

If Yes, then in what amount?

A. Animal Control Officer Vincent Hertz
Do you find from the preponderance of the evidence:

l. That Officer Hertzviolated the federal constitutional right of Jennifer Clark not to be
subjected to an unlawful entry of her home?

Answer: Yes or

If you Answer is No, then skip to the excessive force claims in section II.

{
2. If Yes,
to Clark?
then were Officer Hertz' acts the proximate or legal cause of damages,

if

any,

Answer: Yes or No

3.

If

Yes, then should Clark be awarded compensatory damages due to the unlawful entry

by Hertz?

Answer: Yes or No

If your answer is yeso then in what amount?

I[.

Excessive Force claims against Deputies carpenter and

Miller

A(i). Deputy John Miller
Do you find from
a preponderance

of the evidence:

l.

That Deputy Miller used excessive force against Stevens?

Answer:

Y., orKl. \-93

If No, then skip to the excessive force claim by Clark against Miller, section A(ii).
2.That Stevens should be awarded compensatory damages against Miller for his use of
excessive force?

Answer: Yes or No

If Yes. then in what amount? Miller acted with malice or reckless indifference in the amount of force
/-l

3. That Deputy

Answer: Yes or /No

If Yes" then in what amount? A(ii) Deputy John Miller
1. That Deputy

Miller used excessive force against Clark?

Answer: Yes or

If No, then skip to the excessive force claim against Carpenter, section B.
2.That Clark should be awarded compensatory damages against Miller for his use of
excessive force?

Answer: Yes or No

If Yes, then in what amount? Miller acted with malice or reckless indifference in the amount of force

3. That Deputy

he used against Clark, such that punitive damages should be assessed against him?

Answer: Yes or No

If Yes, then in what amount?

4

B. Deputy Alan Carpenter Do you find from
a preponderance

of the evidence:
force against Clark?

l. That Deputy Carpentefrd excessive Answer: yes orQg2_

If No, then skip to the unlawful seizure claim against Hertz, section III.
Z.That Clark should be awarded compensatory damages against Miller for his use of
excessive force?

Answer: Yes or No

If

Yes, then in what amount?

3. That Deputy Carpenter acted with malice or reckless indifference in the amount

of

force he used against Clark, such that punitive damages should be assessed against him?

Answer: Yes or No

If Yes. then in what amount?

III. Unlawful

Seizure claim against Hertz

Do you find from the preponderance of the evidence:

l.

That Officer Hertz violated the federal constitutional right of Jennifer Clark not to be

subjected to an unlawfulyJeuqe of her dog?

Answer: yes of

/l

E_/

If you Answer is No, then skip to the trespass claim in section IV.

5

2. If Yes, then were Officer Hertz'
to Clark?

acts the proximate or legal cause of damageso

if

any,

Answer: Yes or No

3.

If Yes, then should Clark be awarded compensatory damages due to the unreasonable
Answer: Yes or No

seizure by Hertz?

If your answer is yes, then in what amount?

IV. Trespass claim against Mobile County
Do you find from
a preponderance

of the evidence:

1. That Mobile County's agent, Vincent Hertz, trespassed on plaintiff s land without the

plaintiff

s consent?

Answer: Yes or

If No, then skip the remaining question.
z.That Clark should be awarded nominal damages against Mobile County for trespass?
Answer: Yes or No

If

Yes. then in what amount?

FILED

couRr rHrs
,2011.

Jt*rot

6