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)
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
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