Maxwell/G-Doffee v. Clerk et al

Filing 161

ORDER: The Court appreciates the parties' proposed jury instructions. The Court is attaching its current working drafts of the (1) voir dire, (2) the preliminary instructions, (3) the final instructions, and (4) the verdict forms. Please file an y objection or comment by noon on Friday, September 2. Signed by Judge D. P. Marshall Jr. on 8/30/2016. (Attachments: # 1 Voir Dire, # 2 Preliminary Instructions, # 3 Final Instructions, # 4 Verdict Form)(jak) (Docket text modified on 8/30/2016 to correct a typographical error).

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VERDICT NO. 1 Excessive Force Claim Against Richard Clark 1. On Maxwell/G-Doffee’s excessive force claim against Richard Clark, as submitted in Instruction No. 7, we find for: ____Robert Maxwell/G-Doffee ____Richard Clark If you found for Maxwell/G-Doffee on Question 1, then answer Question 2. If you found for Clark on Question 1, then your deliberations on this claim are done. Do not answer Question 2 or 3. Sign and date this form and go to Verdict No. 2. 2. On this claim, we find Maxwell/G-Doffee’s damages to be $ . (State the amount, or if you find that Maxwell/G-Doffee’s damages have no monetary value, write $1.00.) Court’s Draft Verdict Forms 30 August 2016 Maxwell/G-Doffee v. Clark and Cooksey No. 5:13-cv-291-DPM -1- If you found for Maxwell/G-Doffee on Question 1, and awarded him compensatory damages on Question 2, then answer Question 3. 3. On this claim, we assess punitive damages against Richard Clark in the amount of $________________. (State the amount, or, if none, write the word “none.”) _________________________ Foreperson ______________________ Date Court’s Draft Verdict Forms 30 August 2016 Maxwell/G-Doffee v. Clark and Cooksey No. 5:13-cv-291-DPM -2- VERDICT NO. 2 Retaliatory Verbal Threat Claim Against Clark 1. On Maxwell/G-Doffee’s retaliatory verbal threat claim against Richard Clark, as submitted in Instruction No. 8, we find for: ____ Robert Maxwell/G-Doffee ____Richard Clark If you found for Maxwell/G-Doffee on Question 1, then answer Question 2. If you found for Clark on Question 1, then your deliberations on this claim are done. Do not answer Question 2 or 3. Sign and date this form and go to Verdict No. 3. 2. On this claim, we find Maxwell/G-Doffee’s damages to be $ . (State the amount, or if you find that Maxwell/G-Doffee’s damages have no monetary value, write $1.00.) Court’s Draft Verdict Forms 30 August 2016 Maxwell/G-Doffee v. Clark and Cooksey No. 5:13-cv-291-DPM -3- If you found for Maxwell/G-Doffee on Question 1, and awarded him compensatory damages on Question 2, then answer Question 3. 3. On this claim, we assess punitive damages against Richard Clark in the amount of $________________. (State the amount, or if none, write the word “none.”) _________________________ Foreperson ______________________ Date Court’s Draft Verdict Forms 30 August 2016 Maxwell/G-Doffee v. Clark and Cooksey No. 5:13-cv-291-DPM -4- VERDICT NO. 3 Excessive Force Claim Against Roderick Cooksey 1. On Maxwell/G-Doffee’s excessive force claim against Roderick Cooksey, as submitted in Instruction No. 9, we find for: ____ Robert Maxwell/G-Doffee ____Roderick Cooksey If you found for Maxwell/G-Doffee on Question 1, then answer Question 2. If you found for Cooksey on Question 1, then your deliberations on this claim are done. Do not answer Question 2 or 3. Sign and date this form and go to Verdict No. 4. 2. On this claim, we find Maxwell/G-Doffee’s damages to be $ . (State the amount, or if you find that Maxwell/G-Doffee’s damages have no monetary value, write $1.00.) Court’s Draft Verdict Forms 30 August 2016 Maxwell/G-Doffee v. Clark and Cooksey No. 5:13-cv-291-DPM -5- If you found for Maxwell/G-Doffee on Question 1, and awarded him compensatory damages on Question 2, then answer Question 3. 3. On this claim, we assess punitive damages against Roderick Cooksey in the amount of $________________. (State the amount, or if none, write the word “none.”) _________________________ Foreperson ______________________ Date Court’s Draft Verdict Forms 30 August 2016 Maxwell/G-Doffee v. Clark and Cooksey No. 5:13-cv-291-DPM -6- VERDICT NO. 4 Failure to Protect Claim Against Roderick Cooksey 1. On Maxwell/G-Doffee’s failure to protect claim against Roderick Cooksey, as submitted in Instruction No. 10, we find for: ____ Robert Maxwell/G-Doffee ____Roderick Cooksey If you found for Maxwell/G-Doffee on Question 1, then answer Question 2. If you found for Cooksey on Question 1, then your deliberations on this claim are done. Do not answer Question 2 or 3. Sign and date this form and go to Verdict No. 5. 2. On this claim, we find Maxwell/G-Doffee’s damages to be $ . (State the amount, or if you find that Maxwell/G-Doffee’s damages have no monetary value, write $1.00.) Court’s Draft Verdict Forms 30 August 2016 Maxwell/G-Doffee v. Clark and Cooksey No. 5:13-cv-291-DPM -7- If you found for Maxwell/G-Doffee on Question 1, and awarded him compensatory damages on Question 2, then answer Question 3. 3. On this claim, we assess punitive damages against Roderick Cooksey in the amount of $________________. (State the amount, or if none, write the word “none.”) _________________________ Foreperson ______________________ Date Court’s Draft Verdict Forms 30 August 2016 Maxwell/G-Doffee v. Clark and Cooksey No. 5:13-cv-291-DPM -8- VERDICT NO. 5 Retaliatory Verbal Threat Claim Against Cooksey 1. On Maxwell/G-Doffee’s retaliatory verbal threat claim against Roderick Cooksey, as submitted in Instruction No. 11, we find for: ____ Robert Maxwell/G-Doffee ____Roderick Cooksey If you found for Maxwell/G-Doffee on Question 1, then answer Question 2. If you found for Cooksey on Question 1, then your deliberations on this claim are done. Do not answer Question 2 or 3. Sign and date this form and tell the CSO you’ve reached your verdicts. 2. On this claim, we find Maxwell/G-Doffee’s damages to be $ . (State the amount, or if you find that Maxwell/G-Doffee’s damages have no monetary value, write $1.00.) Court’s Draft Verdict Forms 30 August 2016 Maxwell/G-Doffee v. Clark and Cooksey No. 5:13-cv-291-DPM -9- If you found for Maxwell/G-Doffee on Question 1, and awarded him compensatory damages on Question 2, then answer Question 3. Sign and date this form and tell the CSO you’ve reached your verdicts. 3. On this claim, we assess punitive damages against Roderick Cooksey in the amount of $________________. (State the amount, or if none, write the word “none.”) _________________________ Foreperson ______________________ Date Court’s Draft Verdict Forms 30 August 2016 Maxwell/G-Doffee v. Clark and Cooksey No. 5:13-cv-291-DPM -10-

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