Tuggles v. City of Antioch et al

Filing 182

Court's Proposed Special Verdict Form Signed by Judge Joseph c. Spero on September 1, 2010. (jcslc2, COURT STAFF) (Filed on 9/1/2010)

Tuggles v. City of Antioch et al

Doc. 182

1 2 3 4 5 6 7 8 9 10 v. CITY OF ANTIOCH, et. al., Defendants. ____________________________________/ ONITA TUGGLES, Plaintiff, No. C-08-1914 JCS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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COURT'S PROPOSED SPECIAL VERDICT FORM

Dated: September 1, 2010 ___________________________ JOSEPH C. SPERO United States Magistrate Judge

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JURY VERDICT We, the jury, unanimously find as follows: 1. Claim I: Did Defendant Bittner discriminate against Plaintiff Tuggles based on her race, in

violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution? (Check one). ___ Yes ___ No

If the answer to Question No. 1 is "YES," please proceed to Question No. 2. If the answer to Question No. 1 is "NO," please proceed directly to Question No. 4. 2. Claim II: Did Defendant Bittner conspire to discriminate against Plaintiff on the basis of

her race, in violation of 42 U.S.C. § 1985(3)? (Check one). ___ Yes ___ No

United States District Court

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For the Northern District of California

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If the answer to Question No. 2 is "YES," please proceed to Question No. 3. If the answer to Question No. 2 is "NO," please proceed directly to Question No. 4. 3. Claim III: Did Defendant Bittner fail to prevent or aid in the prevention of race-based

discrimination against Plaintiff, in violation of 42 U.S.C. § 1986? (Check one). ___ Yes Please proceed to Question 4. 4. Claim IV: Did Defendant Bittner coerce, threaten, intimidate, or interfere with Plaintiff's ___ No

right to fair housing, in violation of Section 3617 of the Fair Housing Act? (Check one). ___ Yes Please proceed to Question 5. 5. Claim V: Did Defendant Bittner aid, abet, incite, compel, or coerce the owner or property ___ No

manager of 1933 Paradise Peak Court to discriminate against or harass Plaintiff, or attempt to do so in violation Cal. Government Code § 12989.1/12955? (Check one). ___ Yes Please proceed to Question 6. ___ No

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6.

Claim VI: Did Defendant Bittner discriminate against Plaintiff in the provision of law

enforcement services, in violation of Cal. Government Code § 11135? (Check one). ___ Yes 7. ___ No

If you answered "YES" to Questions Nos. 5 or 6 above, do you find that the City of Antioch

is liable for Officer Bittner's conduct under a theory of respondeat superior? (Check one). ___ Yes 8. ___ No

If you answered "YES" to any of Questions 1-6 above: What is the amount of compensatory damages that you award? $__________________________

United States District Court

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For the Northern District of California

9.

If you answered "YES" to any of Questions 1-6 above, do you find by a preponderance of

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the evidence that Defendant Bittner's conduct was either malicious or committed in reckless disregard of Plaintiff Tuggles' rights? (Check one). ___ Yes If yes, proceed to question 10. 10. award? $ ________________ If you answered "YES" to Question 9, what is the amount of punitive damages that you ___ No

PLEASE SIGN AND DATE THE SPECIAL VERDICT FORM Signed:___________________________________________________________

Foreperson of the Jury: _________________________________________________

Dated:__________________ After this Verdict Form has been signed and dated, please submit a Jury Note to the Court Security Officer notifying the Court that the Jury has reached a verdict. Please return the Verdict Form to the Courtroom Deputy. 3