Croston v. Hobbs et al

Filing 109

ORDER: The Court appreciates the parties' proposed jury instructions. The Court is attaching its current working drafts of the voir dire, the preliminary instructions, the final instructions, and the interrogatories. The Court has concluded that the issues are better submitted as a deliberate-indifference claims as opposed to excessive-force claims. The Court has framed the elements instructions accordingly. Please file any objection or comment about the voir dire and preliminary instructio ns by noon on Friday, July 8. Hold fire on the final instructions and interrogatories. Those will be taken up on Monday at the pretrial. Signed by Judge D. P. Marshall Jr. on 7/7/2016. (Attachments: # 1 Document Voir Dire, # 2 Document Preliminary Instructions, # 3 Document Final Instructions, # 4 Document Interrogatories)(jak)

Download PDF
QUESTION NO. 1—Sexual Assault 1. Did Cooksey engage in a sex act with Croston? Yes_____ No_____ Instruction: If you answered this question “Yes,” then go to Question No. 2. If you answered this question “No,” then your deliberations are done. Go to the last page, where the foreperson must sign and date the form. Then advise the court security officer that you’ve reached a verdict. Court’s Draft Interrogatories 7 July 2016 -1- Croston v. Cooksey No. 5:13-cv-217-DPM QUESTION NO. 2—Sexual Assault 2. From Croston’s perspective, was the sex act unwelcome and involuntary? Yes_____ No_____ Instruction: If you answered this question “Yes,” then go to Question No. 3. If you answered this question “No,” then skip Question Nos. 3–6, and go to Question No. 7—the first question about the alleged sexual harassment. Court’s Draft Interrogatories 7 July 2016 -2- Croston v. Cooksey No. 5:13-cv-217-DPM QUESTION NO. 3—Sexual Assault 3. Did Cooksey act with deliberate indifference when he assaulted Croston? Yes_____ No_____ Instruction: If you answered this question “Yes,” then go to Question No. 4. If you answered this question “No,” then skip Question Nos. 4–6, and go to Question No. 7—the first question about the alleged sexual harassment. Court’s Draft Interrogatories 7 July 2016 -3- Croston v. Cooksey No. 5:13-cv-217-DPM QUESTION NO. 4—Sexual Assault 4. Did Cooksey act under color of state law when he assaulted Croston? Yes_____ No_____ Instruction: If you answered this question “Yes,” then go to Question No. 5. If you answered this question “No,” then skip Question Nos. 5–6, and go to Question No. 7—the first question about the alleged sexual harassment. Court’s Draft Interrogatories 7 July 2016 -4- Croston v. Cooksey No. 5:13-cv-217-DPM QUESTION NO. 5—Sexual Assault Instruction: Answer this question only if you answered Question Nos. 1–4 “Yes.” If you find that Croston’s damages have no monetary value, then award the nominal amount of $1.00. 5. State the total amount of damages that you find Croston sustained as a result of the sexual assault: $____________________. Court’s Draft Interrogatories 7 July 2016 -5- Croston v. Cooksey No. 5:13-cv-217-DPM QUESTION NO. 6—Sexual Assault Instruction: Answer this question only if you awarded Croston nominal or actual damages in Question No. 5. If you decide that punitive damages should not be awarded, write “none” in the blank. 6. State the total amount of punitive damages you assess against Cooksey for the sexual assault: $ ____________________. Court’s Draft Interrogatories 7 July 2016 -6- Croston v. Cooksey No. 5:13-cv-217-DPM QUESTION NO. 7—Sexual Harassment 7. Did Cooksey sexually harass Croston? Yes_____ No_____ Instruction: If you answered this question “Yes,” then go to Question No. 8. If you answered this question “No,” then skip Question Nos. 8–11, and go to Question 12—the first question about the alleged verbal threat. Court’s Draft Interrogatories 7 July 2016 -7- Croston v. Cooksey No. 5:13-cv-217-DPM QUESTION NO. 8—Sexual Harassment 8. Did Cooksey act with deliberate indifference when he sexually harassed Croston? Yes_____ No_____ Instruction: If you answered this question “Yes,” then go to Question No. 9. If you answered this question “No,” then skip Question Nos. 9–11, and go to Question No. 12—the first question about the alleged verbal threat. Court’s Draft Interrogatories 7 July 2016 -8- Croston v. Cooksey No. 5:13-cv-217-DPM QUESTION NO. 9—Sexual Harassment 9. Did Cooksey act under color of state law when he sexually harassed Croston? Yes_____ No_____ Instruction: If you answered this question “Yes,” then go to Question No. 10. If you answered this question “No,” then skip Question Nos. 10–11, and go to Question No. 12—the first question about the alleged verbal threat. Court’s Draft Interrogatories 7 July 2016 -9- Croston v. Cooksey No. 5:13-cv-217-DPM QUESTION NO. 10—Sexual Harassment Instruction: Answer this question only if you answered Question Nos. 7–9 “Yes.” If you find that Croston’s damages have no monetary value, then award the nominal amount of $1.00. 10. State the total amount of damages that you find Croston sustained as a result of Cooksey’s sexual harassment: $____________________. Court’s Draft Interrogatories 7 July 2016 -10- Croston v. Cooksey No. 5:13-cv-217-DPM QUESTION NO. 11—Sexual Harassment Instruction: Answer this question only if you awarded Croston nominal or actual damages in Question No. 10. If you decide that punitive damages should not be awarded, write “none” in the blank. 11. State the total amount of punitive damages you assess against Cooksey for the sexual harassment: $ ____________________. Court’s Draft Interrogatories 7 July 2016 -11- Croston v. Cooksey No. 5:13-cv-217-DPM QUESTION NO. 12—Verbal Threat 12. Did Cooksey make an objectively credible threat to Croston’s life? Yes_____ No_____ Instruction: If you answered this question “Yes,” then go to Question No. 13. If you answered this question “No,” then your deliberations are done. Go to the last page, where the foreperson must sign and date the form. Then advise the court security officer that you’ve reached a verdict. Court’s Draft Interrogatories 7 July 2016 -12- Croston v. Cooksey No. 5:13-cv-217-DPM QUESTION NO. 13—Verbal Threat 13. Did Cooksey’s threat injure Croston by causing Croston to fear for his life? Yes_____ No_____ Instruction: If you answered this question “Yes,” then go to Question No. 14. If you answered this question “No,” then your deliberations are done. Go to the last page, where the foreperson must sign and date the form. Then advise the court security officer that you’ve reached a verdict. Court’s Draft Interrogatories 7 July 2016 -13- Croston v. Cooksey No. 5:13-cv-217-DPM QUESTION NO. 14—Verbal Threat 14. Did Cooksey act with deliberate indifference when he threatened Croston’s life? Yes_____ No_____ Instruction: If you answered this question “Yes,” then go to Question No. 15. If you answered this question “No,” then your deliberations are done. Go to the last page, where the foreperson must sign and date the form. Then advise the court security officer that you’ve reached a verdict. Court’s Draft Interrogatories 7 July 2016 -14- Croston v. Cooksey No. 5:13-cv-217-DPM QUESTION NO. 15—Verbal Threat 15. Did Cooksey act under color of state law when he threatened Croston’s life? Yes_____ No_____ Instruction: If you answered this question “Yes,” then go to Question No. 16. If you answered this question “No,” then your deliberations are done. Go to the last page, where the foreperson must sign and date the form. Then advise the court security officer that you’ve reached a verdict. Court’s Draft Interrogatories 7 July 2016 -15- Croston v. Cooksey No. 5:13-cv-217-DPM QUESTION NO. 16—Verbal Threat Instruction: Answer this question only if you answered Question Nos. 12–15 “Yes.” If you find that Croston’s damages have no monetary value, then award the nominal amount of $1.00. 16. State the total amount of damages that you find Croston sustained as a result of Cooksey’s verbal threat: $____________________. Court’s Draft Interrogatories 7 July 2016 -16- Croston v. Cooksey No. 5:13-cv-217-DPM QUESTION NO. 17 Instruction: Answer this question only if you awarded Croston nominal or actual damages in Question No. 16. If you decide that punitive damages should not be awarded, write “none” in the blank below. 17. State the total amount of punitive damages you assess against Cooksey for the verbal threat: $ ____________________. Sign this form and advise the Court that you have finished your deliberations. ____________________ _______________ __________ Foreperson Date Time Court’s Draft Interrogatories 7 July 2016 -17- Croston v. Cooksey No. 5:13-cv-217-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?