Nicholson v. Medina et al

Filing 148

FINAL JURY INSTRUCTIONS signed by Judge Kimberly J. Mueller on 12/10/13. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELDRED NICHOLSON,
Plaintiff,

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Case No. 2:10-cv-1425-KJM-EFB

v.

FINAL JURY INSTRUCTIONS

D. MEDINA,
Defendant.

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Dated: December 10, 2013

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UNITED STATES DISTRICT JUDGE

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FINAL JURY INSTRUCTIONS

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FINAL INSTRUCTION NO. 1
Members of the Jury: Now that you have heard all of the evidence and the arguments of the
parties, it is my duty to instruct you as to the law of the case.

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A copy of these instructions will be sent with you to the jury room when you deliberate.

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You must not infer from these instructions or from anything I may say or do as

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indicating that I have an opinion regarding the evidence or what your verdict should be.

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It is your duty to find the facts from all the evidence in the case. You, and you alone, are the

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judges of the facts. You must decide what the facts are and then apply those facts to the law which I

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will give to you. You must follow the law as I give it to you whether you agree with it or not. And

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you must not be influenced by any personal likes or dislikes, opinions, prejudices, or sympathy.

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That means that you must decide the case solely on the evidence before you. You will recall you

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took an oath to do so.

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In following my instructions, you must follow all of them and not single out some and ignore
others; they are all important.

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FINAL JURY INSTRUCTIONS

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FINAL INSTRUCTION NO. 2

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You are the sole judges of the evidence in this case and it is up to you to evaluate the

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witnesses and other evidence. You are to perform this duty without bias, sympathy, prejudice, or

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what you think public opinion might be. You must impartially consider all the evidence in the case,

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following the law as stated in these instructions.

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FINAL JURY INSTRUCTIONS

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FINAL INSTRUCTION NO. 3
All persons stand equal before the law, and are to be dealt with as equals in a court of justice.

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FINAL JURY INSTRUCTIONS

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FINAL INSTRUCTION NO. 4

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You should not necessarily decide any issue of fact in favor of the side that brought more
witnesses or evidence at trial.

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The test is which evidence convinces you because it is most believable.

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In deciding contested issues, you should keep in mind who has the burden of proof on that

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issue.

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FINAL JURY INSTRUCTIONS

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FINAL INSTRUCTION NO. 5
The evidence in this case consists of the sworn testimony of the witnesses and all exhibits

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received into evidence. In reaching your verdict, you may consider only the testimony and exhibits

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received into evidence.

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Certain things are not evidence, and you may not consider them in deciding what the facts
are. I will list them for you:
(1) Arguments and statements by the attorneys are not evidence. The attorneys are not

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witnesses. What the attorneys have said in their opening statements, or in their closing arguments

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and at other times, is intended to help you interpret the evidence, but it is not evidence. If the facts

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as you remember them differ from the way they have stated them, your memory of them controls.

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(2) Questions and objections by the attorneys are not evidence. Attorneys have a duty to

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their clients to object when they believe a question is improper under the rules of evidence. You

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should not be influenced by the objection or by the court's ruling on it.

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(3) Testimony that has been excluded or stricken, or that you have been instructed to
disregard, is not evidence and must not be considered.
(4) Anything you may have seen or heard when the court was not in session is not evidence.
You are to decide the case solely on the evidence received at the trial.

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FINAL JURY INSTRUCTIONS

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FINAL INSTRUCTION NO. 6
There are two kinds of evidence, direct and circumstantial. A witness testifying to having

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actual knowledge of a fact and documents received in evidence constitute direct evidence.

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Circumstantial evidence is a chain of evidence from which you could find that another fact exists,

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even though no one directly testified as to that fact.

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How much you believe evidence should not depend on whether it is direct or

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circumstantial, but on whether the evidence is trustworthy and reliable. For that reason, you may

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find a fact has been proven by circumstantial evidence if that conclusion seems reasonable to you.

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FINAL INSTRUCTION NO. 7
In deciding what the facts are, you may have to decide which testimony to believe and which
testimony not to believe. You may believe everything a witness says, or part of it, or none of it.
In considering the testimony of any witness, you may take into account any number of
factors, which may include the following:

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(1) Was the witness able to see, hear or know the things about which the witness testified?

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(2) How good is the witness’s memory and is the witness able to testify clearly?

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(3) Was the witness’s manner while testifying straightforward and convincing, or evasive

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and unconvincing?
(4) Did the witness have an interest in the outcome of the case or any bias or prejudice

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concerning anyone or anything that mattered in the case, and if so, did that interest or bias affect the

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testimony?

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(5) How reasonable was the witness’s testimony when you consider it in light of all the other
evidence in the case?
(6) Was the witness's testimony contradicted by what that witness said or did at another
time, or by the testimony of other believable witnesses or evidence?

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(7) Has the witness been convicted of a felony? The evidence that a witness has been

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convicted of a crime may be considered, along with all other evidence, in deciding whether or not to

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believe the witness and how much weight to give to the testimony of the witness and for no other

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purpose.

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(8) Are there any other factors that bear on believability?

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In deciding whether or not to believe a witness, remember that people sometimes forget

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things or sometimes get confused.
Also remember that the weight of evidence as to a fact does not necessarily depend on the
number of witnesses who testify about it.

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FINAL JURY INSTRUCTIONS

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FINAL INSTRUCTION NO. 8

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From time to time during the trial, it became necessary for me to talk with the attorneys out

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of the hearing of the jury by calling a recess. Please understand that while you were waiting, we

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were working. The purpose of these conferences is not to keep relevant information from you, but to

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decide how certain evidence is to be treated under the rules of evidence and to avoid confusion and

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error.

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Of course, we have done what we could to keep the number and length of these

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conferences to a minimum. I did not always grant a party’s request for a conference. Do not

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consider my granting or denying a request for a conference as any indication of my opinion of the

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case or of what your verdict should be.

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FINAL JURY INSTRUCTIONS

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FINAL INSTRUCTION NO. 9
The party having the burden of proof on an issue must prove it by a “preponderance of the
evidence.”
Proof by a preponderance of the evidence means the evidence is more convincing and more

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probably true than not. If the evidence as to any issue is evenly balanced, your finding upon that

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issue must be against the party who had the burden of proving it.

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In determining whether an issue has been proved by a preponderance of the evidence, you
should consider all the evidence having to do with that issue regardless of who produced it.

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FINAL JURY INSTRUCTIONS

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FINAL INSTRUCTION NO. 10

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The plaintiff brings his claim under the federal statute, 42 U.S.C. § 1983, which provides that

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any person or persons who, under color of law, deprives another of any rights, privileges, or

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immunities secured by the Constitution or laws of the United States shall be liable to the injured

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party.

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FINAL JURY INSTRUCTIONS

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FINAL INSTRUCTION NO. 11
In order to prevail on his § 1983 claim against the defendant David Medina, the plaintiff
must prove each of the following elements by a preponderance of the evidence:

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1. The defendant acted under color of law; and

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2. The act[s] of the defendant deprived the plaintiff of his particular rights under the United

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States Constitution as explained in later instructions.
A person acts “under color of law” when the person acts or purports to act in the performance

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of official duties under any state, county, or municipal law, ordinance, or regulation. The parties

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have stipulated that the defendant acted under color of law.

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If you find the plaintiff has proved each of these elements, and if you find that the plaintiff

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has proved all the elements he is required to prove under Final Instruction Number 13, your verdict

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should be for the plaintiff. If, on the other hand, the plaintiff has failed to prove any one or more of

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these elements, your verdict should be for the defendant.

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FINAL JURY INSTRUCTIONS

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FINAL INSTRUCTION NO. 12
In order to establish that the acts of defendant David Medina deprived the plaintiff of his

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particular rights under the United States Constitution as explained in later instructions, the plaintiff

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must prove by a preponderance of the evidence that the acts were so closely related to the

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deprivation of the plaintiff’s rights as to be the moving force that caused the ultimate injury.

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FINAL INSTRUCTION NO. 13
As previously explained, the plaintiff has the burden to prove that the acts of the defendant

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David Medina deprived the plaintiff of particular rights under the United States Constitution. In this

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case, the plaintiff alleges the defendant Mr. Medina deprived him of his rights under the Eighth

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Amendment to the Constitution when the defendant prescribed the plaintiff 800 mg of ibuprofen to

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be taken three times a day for 60 days.

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Under the Eighth Amendment, a prisoner has the right to be free from “cruel and unusual

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punishments.” This includes the right to adequate medical care. In order to prove the defendant

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deprived the plaintiff of this right, the plaintiff must prove the following additional elements by a

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preponderance of the evidence:

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1. The plaintiff faced a serious medical need;

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2. The defendant was deliberately indifferent to that medical need, that is, the defendant knew

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of it and disregarded it by failing to take reasonable measures to address it; and
3. The acts of the defendant caused harm to the plaintiff.
In determining whether the defendant violated the plaintiff’s rights as alleged, you should

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give deference to prison officials in the adoption and execution of policies and practices that in their

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judgment are needed to preserve discipline and to maintain internal security.

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FINAL JURY INSTRUCTIONS

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FINAL INSTRUCTION NO. 14
It is the duty of the court to instruct you about the measure of damages. By instructing you
on damages, the court does not mean to suggest for which party your verdict should be rendered.
If you find for the plaintiff, you must determine the plaintiff’s damages. The plaintiff has the

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burden of proving damages by a preponderance of the evidence. Damages means the amount of

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money that will reasonably and fairly compensate the plaintiff for any injury or loss you find was

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caused by the defendants. You should consider the following:

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1. The nature and extent of any injuries;

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2. Any loss of enjoyment of life experienced;

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3. Any disability experienced;

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4. Any mental, physical, and emotional pain and suffering experienced;

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It is for you to determine what damages, if any, have been proved.

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Your award must be based upon evidence and not upon speculation, guesswork or

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conjecture.

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FINAL JURY INSTRUCTIONS

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FINAL INSTRUCTION NO. 15
The law which applies to this case authorizes an award of nominal damages. If you find for

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the plaintiff but you find that the plaintiff has failed to prove damages as defined in these

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instructions, you must award nominal damages. Nominal damages may not exceed one dollar.

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FINAL JURY INSTRUCTIONS

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FINAL INSTRUCTION NO. 16
If you find for the plaintiff, you may, but are not required to, award punitive damages. The

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purposes of punitive damages are to punish a defendant and to deter similar acts in the future.

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Punitive damages may not be awarded to compensate a plaintiff.

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The plaintiff has the burden of proving by a preponderance of the evidence that punitive
damages should be awarded, and, if so, the amount of any such damages.
You may award punitive damages only if you find that the defendant’s conduct that harmed

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the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff’s rights. Conduct is

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malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.

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Conduct is in reckless disregard of the plaintiff’s rights if, under the circumstances, it reflects

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complete indifference to the plaintiff’s safety or rights, or if the defendant acts in the face of a

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perceived risk that its actions will violate the plaintiff’s rights under federal law. An act or omission

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is oppressive if the defendant injures or damages or otherwise violates the rights

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of the plaintiff with unnecessary harshness or severity, such as by the misuse or abuse of authority or

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power or by the taking advantage of some weakness or disability or misfortune of the plaintiff.

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If you find that punitive damages are appropriate, you must use reason in setting the amount.

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Punitive damages, if any, should be in an amount sufficient to fulfill their purposes but should not

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reflect bias, prejudice or sympathy toward any party. In considering the amount of any punitive

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damages, consider the degree of reprehensibility of the defendant’s conduct.

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You may not, however, set the amount of any punitive damages in order to punish a
defendant for harm to anyone other than the plaintiff.
In addition, you may consider the relationship of any award of punitive damages to any
actual harm inflicted on the plaintiff.
Punitive damages may be awarded even if you award the plaintiff only nominal, and not
compensatory, damages.

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FINAL JURY INSTRUCTIONS

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FINAL INSTRUCTION NO. 17
During deliberations, you will have to make your decision based on what you recall of the
evidence. You will not have a transcript of the trial.
Some of you have taken notes during the trial. Whether or not you took notes, you should

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rely on your own memory of what was said. Notes are only to assist your memory. You should not

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be overly influenced by the notes.

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FINAL JURY INSTRUCTIONS

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FINAL INSTRUCTION NO. 18

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When you begin your deliberations, you should elect one member of the jury as your

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presiding juror. That person will preside over the deliberations and speak for you here in court.
You will then discuss the case with your fellow jurors to reach agreement if you can do so.
Your verdict must be unanimous.
Each of you must decide the case for yourself, but you should do so only after you have

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considered all of the evidence, discussed it fully with the other jurors, and listened to the views of

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your fellow jurors.

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Do not hesitate to change your opinion if the discussion persuades you that you should. Do
not come to a decision simply because other jurors think it is right.

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It is important that you attempt to reach a unanimous verdict but, of course, only if each of

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you can do so after having made your own conscientious decision. Do not change an honest belief

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about the weight and effect of the evidence simply to reach a verdict.

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FINAL JURY INSTRUCTIONS

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FINAL INSTRUCTION NO. 19

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If it becomes necessary during your deliberations to communicate with me, you may send a

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note through the bailiff, signed by your presiding juror or by one or more members of the jury. No

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member of the jury should ever attempt to communicate with me except by a signed writing; I will

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communicate with any member of the jury on anything concerning the case only in writing, or here

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in open court. If you send out a question, I will consult with the parties before answering it, which

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may take some time. You may continue your deliberations while waiting for the answer to any

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question. Remember that you are not to tell anyone — including me — how the

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jury stands, numerically or otherwise, until after you have reached a unanimous verdict or have been

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discharged. Do not disclose any vote count in any note to the court.

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FINAL JURY INSTRUCTIONS

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FINAL INSTRUCTION NO. 20
A verdict form has been prepared for you. After you have reached unanimous agreement on

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a verdict, your presiding juror will fill in the form that has been given to you, sign and date it, and

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advise the court that you are ready to return to the courtroom.

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FINAL JURY INSTRUCTIONS