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).

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

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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-