Harrell v. Independence County, Arkansas et al

Filing 82

ORDER: The Court appreciates the parties' suggestions about jury instructions. The Court is attaching its current working drafts of (1) the preliminary instructions, (2) the final instructions, and (3) the verdict forms. We'll take these up first thing Monday morning. Signed by Judge D. P. Marshall Jr. on 4/3/2015. (Attachments: # 1 Preliminary Instructions, # 2 Final Jury Instructions, # 3 Verdict Forms)(jak)

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VERDICT No. 1—Independence County 1. On Genie Harrell’s gender discrimination claim under Title VII against Independence County, as submitted in Instruction No. 9, we find for: ________ Genie Harrell _______ Independence County If you found for Harrell on Question 1, then answer Question 2. If you found for Independence County on Question 1, your deliberations on this verdict are done. Do not answer Questions 2, 3, or 4. 2. Has Independence County proved that it would have fired Harrell whether she was a man or a woman? _____ Yes _____ No If you answered “Yes” to Question 2, your deliberations on this verdict are done. Do not answer Questions 3 or Question 4. If you answered “No” to Question 2, then answer Questions 3 and 4. Court’s Verdict Form 3 April 2015 Page 1 of Verdict No. 1 Harrell v. Independence County 1:12-cv-20-DPM 3. We find Harrell’s compensatory damages, as submitted in Instruction No. 16, to be: Wages & Fringe Benefits $ ___________________ Emotional Distress/ Reputation $ ___________________ Total = $____________________ If you find Harrell suffered damages but her damages have no monetary value, then enter a nominal damages amount of $1.00 as the total, as submitted in Instruction No. 19. 4. We find Harrell’s punitive damages, as submitted in Instruction No. 20, to be $____________________. _________________________ ______________________ Foreperson Date Court’s Verdict Form 3 April 2015 Page 2 of Verdict No. 1 Harrell v. Independence County 1:12-cv-20-DPM VERDICT No. 2—Fulmer 1. On Genie Harrell’s gender discrimination claim under the Equal Protection Clause against Odus Fulmer, as submitted in Instruction No. 11, we find for: ________ Genie Harrell _______ Odus Fulmer If you found for Harrell on Question 1, then answer Question 2 and Question 3. If you found for Fulmer on Question 1, your deliberations on this verdict are done. Do not answer Question 2 or Question 3. 2. We find Harrell’s compensatory damages, as submitted in Instruction No. 17, to be: Wages & Fringe Benefits $ ___________________ Emotional Distress/ Reputation $ ___________________ Total = $____________________ If you find Harrell suffered damages but her damages have no monetary value, then enter a nominal damages amount of $1.00 as the total, as submitted in Instruction No. 19. Court’s Verdict Form 3 April 2015 Page 1 of Verdict No. 2 Harrell v. Independence County 1:12-cv-20-DPM 3. We find Harrell’s punitive damages, as submitted in Instruction No. 20, to be $_____________________. _________________________ ______________________ Foreperson Date Court’s Verdict Form 3 April 2015 Page 2 of Verdict No. 2 Harrell v. Independence County 1:12-cv-20-DPM VERDICT No. 3 — Potts 1. On Genie Harrell’s gender discrimination claim under the Equal Protection Clause against Greg Potts, as submitted in Instruction No. 12, we find for: ________ Genie Harrell _______ Greg Potts If you found for Harrell on Question 1, then answer Question 2 and Question 3. If you found for Potts on Question 1, your deliberations on this verdict are done. Do not answer Question 2 or Question 3. 2. We find Harrell’s compensatory damages, as submitted in Instruction No. 18, to be: Wages & Fringe Benefits $ ___________________ Emotional Distress/ Reputation $ ___________________ Total = $____________________ If you find Harrell suffered damages but her damages have no monetary value, then enter a nominal damages amount of $1.00 as the total, as submitted in Instruction No. 19. Court’s Verdict Form 3 April 2015 Page 1 of Verdict No. 3 Harrell v. Independence County 1:12-cv-20-DPM 3. We find Harrell’s punitive damages, as submitted in Instruction No. 20, to be $____________________. _________________________ ______________________ Foreperson Date Court’s Verdict Form 3 April 2015 Page 2 of Verdict No. 3 Harrell v. Independence County 1:12-cv-20-DPM

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