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)

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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 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COURT'S PROPOSED SPECIAL VERDICT FORM Dated: September 1, 2010 ___________________________ JOSEPH C. SPERO United States Magistrate Judge Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 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 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2 1 2 3 4 5 6 7 8 9 10 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 11 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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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

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