Coker v. Arkansas State Police et al
Filing
112
ORDER: The Court appreciates the parties' proposed jury instructions. The Court also appreciates, and will cover the gist of, Cartwright's proposed voir dire questions. The Court is attaching its current working drafts of (1) the preliminar y instructions, (2) the final instructions, and (3) the verdict form. We'll take these up Monday Morning. Signed by Judge D. P. Marshall Jr. on 2/6/2015. (Attachments: # 1 Preliminary Instructions, # 2 Final Instructions, # 3 Verdict Form)(jak)
INSTRUCTION NO. 1
Members of the Jury, the instructions I gave you at the beginning of the
trial and during the trial remain in effect. I now give you some additional
instructions on the law that applies to this case. You must, of course, continue
to follow all the instructions I gave you earlier, as well those I give you now.
The instructions I am about to give you now are in writing and will be
available to you in writing in the jury room. I emphasize, however, that this
does not mean they are more important than my earlier instructions. Again,
all my instructions, whether given in writing or spoken from this bench, must
be followed.
It is your duty as jurors to follow the law as stated in the instructions,
and to apply the given rules of law to the facts as you find them to be from the
evidence in this case.
You are not to single out one instruction alone as stating the law, but
must consider the instructions as a whole.
Neither are you to be concerned with the wisdom of any rule of law as
stated by the Court. Regardless of any opinion you may have about what the
Court’s Working Draft - Final Instructions 6 February 2015
1
Coker v. Cartwright
4:11-cv-867-DPM
law ought to be, it would be a violation of your sworn duty to base a verdict
upon any other view of the law other than that given in the instructions of the
Court; just as it would be a violation of your sworn duty, as judges of the
facts, to base a verdict upon anything but the evidence in the case.
Nothing I say in the instructions is to be taken as an indication that I
have any opinion about the facts of the case, or what that opinion is. It is not
my function to decide the facts. You will decide the facts. During this trial I
have occasionally asked questions of witnesses. Do not assume that because
I asked questions I hold any opinion on the matters to which my questions
related.
Justice through trial by jury must always depend on the willingness of
each individual juror to seek the truth about the facts from the same evidence
presented to all the jurors; and to arrive at a verdict by applying the same
rules of law as given in the Court’s instructions.
Statements and arguments of counsel are not evidence in the case.
When the lawyers on both sides stipulate or agree on the existence of a fact,
however, the Jury must accept the stipulation and regard that fact as proved.
Court’s Working Draft - Final Instructions 6 February 2015
2
Coker v. Cartwright
4:11-cv-867-DPM
The evidence in the case always consists of the sworn testimony of the
witnesses, regardless of who may have called them and any documents,
photographs, videos, or other items that are received by the Court, and all
facts that may have been admitted or stipulated. If I have instructed you to
consider some evidence for a limited purpose only, do so. Any evidence on
which an objection was sustained by the Court—and any witness statement
or tangible item that was stricken by the Court—must be entirely disregarded.
Anything you may have seen or heard outside this courtroom is not
evidence, and it must be entirely disregarded.
Court’s Working Draft - Final Instructions 6 February 2015
3
Coker v. Cartwright
4:11-cv-867-DPM
Court’s Working Draft - Final Instructions 6 February 2015
4
Coker v. Cartwright
4:11-cv-867-DPM
INSTRUCTION NO. 2
In conducting your deliberations and returning your verdict, there are
certain rules you must follow.
First, when you go to the jury room, you must select one of your
members as your foreperson. That person will preside over your discussions
and speak for you all here in court.
Second, it is your duty, as jurors, to discuss this case with one another in
the jury room. You should try to reach agreement if you can do so without
violence to individual judgment, because a verdict must be unanimous.
Each of you must make your own conscientious decision, but only after
you have considered all the evidence, discussed it fully with your fellow
jurors, and listened to the views of your fellow jurors.
Do not be afraid to change your opinions if the discussion persuades
you that you should. But do not come to a decision simply because other
jurors think it is right, or simply to reach a verdict. Remember at all times that
you are not partisans. You are judges—judges of the facts. Your sole interest
is to seek the truth from the evidence in the case.
Court’s Working Draft - Final Instructions 6 February 2015
5
Coker v. Cartwright
4:11-cv-867-DPM
Third, if you need to communicate with me during your deliberations,
you may send a note to me, through the court security officer, that is signed
by one or more jurors. I will respond as soon as possible either in writing or
orally in open court.
Remember that you should never tell anyone
—including me—how your votes stand numerically.
Fourth, your verdict must be based solely on the evidence and on the
law that I have given to you in my instructions. The verdict must be
unanimous. Again, nothing I have said or done is intended to suggest what
your verdict should be—that is entirely for you to decide.
Court’s Working Draft - Final Instructions 6 February 2015
6
Coker v. Cartwright
4:11-cv-867-DPM
INSTRUCTION NO. 3
This case should be considered and decided by you as disputes between
persons of equal worth. All persons stand equal before the law and are to be
treated as equals.
Court’s Working Draft - Final Instructions 6 February 2015
-7-
Coker v. Cartwright
4:11-cv-867-DPM
INSTRUCTION NO. 4
You are the sole judges of the credibility of the witnesses and the weight
and value to be given to their testimony. In deciding what the facts are, you
may have to decide what testimony you believe and what testimony you do
not believe. You may believe all of what a witness said, or only part of it, or
none of it.
In deciding what testimony to believe, you may consider the witness’s
intelligence; the opportunity the witness had to see or hear the things about
which he or she testified; the witness’s memory; any motives a witness may
have for testifying a certain way; the manner and demeanor of the witness
while testifying; whether the witness said something different at an earlier
time; the general reasonableness or unreasonableness of the testimony; and
the extent to which the testimony is consistent with any other evidence that
you believe.
In deciding whether or not to believe a witness, keep in mind that
people sometimes hear or see things differently and sometimes forget things.
Court’s Working Draft - Final Instructions 6 February 2015
-8-
Coker v. Cartwright
4:11-cv-867-DPM
You need to consider therefore whether a contradiction is an innocent
misrecollection, lapse of memory, or an intentional falsehood—and that may
depend on whether it has to do with an important fact or only a small detail.
You have heard evidence that plaintiff Gabriel Coker has been convicted
of a crime. You may use that evidence only to help you decide whether to
believe Coker and how much weight to give his testimony.
Court’s Working Draft - Final Instructions 6 February 2015
-9-
Coker v. Cartwright
4:11-cv-867-DPM
INSTRUCTION NO. 5
A witness may be discredited or impeached by contradictory evidence
or by evidence that at some other time the witness has said or done
something, or has failed to say or do something, that is inconsistent with the
witness’s present testimony.
If you believe any witness has been impeached and thus discredited,
you may give the testimony of that witness whatever credibility, if any, you
think it deserves.
If a witness is shown knowingly to have testified falsely about any
material matter, you have a right to distrust that witness’s other testimony
and you may reject all the testimony of that witness or give it whatever
credibility you think it deserves.
An act or omission is “knowingly” done, if done voluntarily or
intentionally, and not because of mistake, accident, or other innocent reason.
Court’s Working Draft - Final Instructions 6 February 2015
-10-
Coker v. Cartwright
4:11-cv-867-DPM
INSTRUCTION NO. 6
In considering the evidence in this case you are not required to set aside
your common sense or common knowledge. You have the right to consider
all the evidence in light of your own observations and experiences in the
affairs of life.
Court’s Working Draft - Final Instructions 6 February 2015
-11-
Coker v. Cartwright
4:11-cv-867-DPM
INSTRUCTION NO. 7
In these instructions you are told that one or the other party has the
burden to prove certain facts. The burden of proving a fact is placed upon the
party whose claim depends upon that fact. The party who has the burden of
proving a fact must prove it by a preponderance of the evidence. To prove
something by the “preponderance of the evidence” is to prove that it is more
likely true than not true. It is determined by considering all of the evidence
and deciding which evidence is more believable.
If, on any issue of fact in the case, the evidence is equally balanced, you
cannot find that fact has been proved. The preponderance of the evidence is
not necessarily established by the greater number of witnesses or exhibits a
party has presented.
You may have heard of the term “proof beyond a reasonable doubt.”
This is a stricter standard, which applies in criminal cases. It does not apply
Court’s Working Draft - Final Instructions 6 February 2015
-12-
Coker v. Cartwright
4:11-cv-867-DPM
in civil cases like this one. You should, therefore, put it out of your minds.
INSTRUCTION NO. 8
Your verdict must be for Gabriel Coker and against Brad Cartwright on
Coker’s claim of excessive use of force if Coker has proved all the following
elements:
•
First, Cartwright kicked Coker in the face, or hit Coker in the face
with either his fist or his flashlight, or elbowed Coker after he was
handcuffed, or some combination of these actions;
•
Second, the force used was excessive because it was not reasonably
necessary to take Coker into custody;
•
Third, as a direct result, Coker was injured; and
•
Fourth, Cartwright was acting under color of state law.
In deciding on the second element, you must consider several things:
•
the need for using force;
•
the relationship between the need and the amount of force that
was used;
Court’s Working Draft - Final Instructions 6 February 2015
-13-
Coker v. Cartwright
4:11-cv-867-DPM
•
the extent of the injury inflicted;
•
whether a reasonable officer on the scene, without the benefit of
hindsight, would have used that much force under similar
circumstances;
•
you should keep in mind that the decision about how much force
to use often must be made in circumstances that are tense,
uncertain, and rapidly changing; and
•
you must decide whether Cartwright’s actions were reasonable in
light of the facts and circumstances confronting Cartwright,
without regard to Cartwright’s state of mind, intention, or
motivation.
If Coker has not proved all four elements about Cartwright, then your
verdict must be for Cartwright.
Court’s Working Draft - Final Instructions 6 February 2015
-14-
Coker v. Cartwright
4:11-cv-867-DPM
INSTRUCTION NO. 9
If you find in favor of Coker, then you must award him an amount of money
that will fairly compensate him for any damages you find that he has
sustained, and is reasonably certain to sustain in the future, as a direct result
of Cartwright’s conduct that violated Coker’s constitutional rights. You may
not award damages solely for emotional suffering. But if you find that Coker
was physically injured, then you may award damages for physical injury and
emotional suffering. You should consider the following elements of damages:
•
the physical pain and emotional suffering Coker has experienced
and is reasonably certain to experience in the future;
•
the nature and extent of any injury;
•
whether any injury is temporary or permanent; and
•
the reasonable value of the medical (hospital, nursing, and
similar) care and supplies reasonably needed by and actually
provided to Coker (and reasonably certain to be needed and
provided in the future).
Court’s Working Draft - Final Instructions 6 February 2015
-15-
Coker v. Cartwright
4:11-cv-867-DPM
Remember, throughout your deliberations you must not engage in any
speculation, guess, or conjecture. And you must not award any damages
under this Instruction by way of punishment or through sympathy.
INSTRUCTION NO. 10
In addition to the damages mentioned in other instructions, the law
permits the jury under certain circumstances to award punitive damages.
If you find in favor of Coker under Instruction No. 8, and if it has been
proved that the conduct of Cartwright was malicious, or recklessly indifferent
to Coker’s rights such that malice can be inferred, then you may, but are not
required to, award Coker an additional amount as punitive damages against
Cartwright. These damages have two purposes: punishing Cartwright for
engaging in this misconduct and deterring Cartwright and others from
engaging in misconduct in the future. You should presume that Coker has
been made whole for his injuries by the damages awarded under Instruction
No. 9.
If you decide to award punitive damages, you should consider the
following in deciding the amount of punitive damages to award:
Court’s Working Draft - Final Instructions 6 February 2015
-16-
Coker v. Cartwright
4:11-cv-867-DPM
First, how reprehensible was Cartwright’s conduct? In this regard, you
may consider whether the harm suffered by Coker was physical, whether
there was violence, intentional malice, or reckless disregard for human health
or safety.
Second, how much harm did Cartwright’s wrongful conduct cause Coker
and could cause Coker in the future?
Third, what amount of punitive damages, in addition to the other
damages already awarded, is needed, considering Cartwright’s financial
condition, to punish Cartwright for his wrongful conduct toward Coker, and
to deter Cartwright and others from similar wrongful conduct in the future?
“Malicious” means intentionally injuring another without just cause or
reason.
The amount of any punitive damages award should bear a reasonable
relationship to the harm caused to Coker.
You may assess punitive damages against Cartwright or you may refuse
to assess punitive damages.
Court’s Working Draft - Final Instructions 6 February 2015
-17-
Coker v. Cartwright
4:11-cv-867-DPM
INSTRUCTION NO. 11
The verdict form is simply the written notice of your decision. I’ll read
it to you now.
You will take the verdict form to the jury room, and when each of you
has agreed on the answers, your foreperson will fill in the form for each
question that you are called upon to answer to reflect your unanimous
decision, sign and date it, and then advise the court security officer that you
are ready to return to the Courtroom.
I add the caution that nothing said in the instructions—and nothing in
the verdict form I’ve prepared for your convenience—is or was intended to
suggest or convey in any way or manner any intimation as to what answers
I think you should find. How you choose to answer the verdict form shall be
the sole and exclusive responsibility of you, the Jury.
If it becomes necessary during your deliberations to communicate with
Court’s Working Draft - Final Instructions 6 February 2015
-18-
Coker v. Cartwright
4:11-cv-867-DPM
the Court, you may send a note by the court security officer, signed by your
foreperson, or by one or more members of the Jury. No member of the Jury
should ever attempt to communicate with the Court by any means other than
a signed writing; and the Court will never communicate with any member of
the Jury on any subject touching the merits of the case, other than in writing,
or orally here in open Court.
You will note from the oath about to be taken by the court security
officer to act as bailiff that he, and all other persons, are forbidden to
communicate in any way or manner with any member of the Jury on any
subject touching the merits of the case. Bear in mind also that you are never
to reveal to any person, not even to the Court, how the Jury stands,
numerically or otherwise, on the issues presented to you unless or until you
reach a unanimous verdict.
Court security officer, do you solemnly swear to keep this Jury
together in the jury room, and not to permit any person to speak to or
communicate with them, concerning this case, nor to do so yourself
unless by order of the Court or to ask whether they have agreed on a
Court’s Working Draft - Final Instructions 6 February 2015
-19-
Coker v. Cartwright
4:11-cv-867-DPM
verdict, and to return them into the Courtroom when they have so
agreed, or when otherwise ordered by the Court, so help you God?
Court’s Working Draft - Final Instructions 6 February 2015
-20-
Coker v. Cartwright
4:11-cv-867-DPM
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?