Johnson et al v. Bay Area Rapid Transit District et al

Filing 556

ORDER Re Court's Proposed Special Verdict Form. Signed by Judge Edward M. Chen on 6/26/2014. (Attachments: #1 Exhibit Special Verdict Form Re Oscar Grant, Jr., #2 Exhibit Special Verdict Form Re Johntue Caldwell). (emcsec, COURT STAFF) (Filed on 6/26/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WANDA JOHNSON, et al.,

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Plaintiffs,

For the Northern District of California

United States District Court

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No. C-09-0901 EMC
CONSOLIDATED CASES

v.
BAY AREA RAPID TRANSIT DISTRICT,
et al.,

C-09-4014 EMC (Grant)
C-09-4835 EMC (Bryson, et al.)
C-10-0005 EMC (Caldwell)

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Defendants.
___________________________________/

SPECIAL VERDICT FORM RE OSCAR
GRANT, JR.

AND RELATED ACTIONS.
___________________________________/

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We, the jury, answer the questions submitted to us as follows.

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OSCAR GRANT, JR.
Question 1:

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Did OSCAR GRANT, JR. prove by a preponderance of the evidence that his relationship

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with Oscar Grant, III was one which involved deep attachments and commitments to one another

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which resulted in the sharing of a special community of thoughts, experiences and beliefs as well as

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the distinctively personal aspects of each others lives?

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__________ Yes

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Regardless of your answer, please answer Question Number 2.

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///

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///

__________ No

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Question 2:

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Did OSCAR GRANT, JR. prove by a preponderance of the evidence that JOHANNES

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MEHSERLE acted against Oscar Grant, III with a purpose to harm unrelated to any law enforcement

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objective?

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__________ Yes

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If you answered “yes” to Question Number 2, please answer Question Number 3. If you

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__________ No

answered “no” to Question Number 2, STOP.

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For the Northern District of California

United States District Court

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Question 3:
Did JOHANNES MEHSERLE cause injury or death to Oscar Grant, III?

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__________ Yes

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If you answered “yes” to Question Numbers 1, 2, and 3, please answer Question Numbers 4

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__________ No

and 5. If you answered “no” to either Question Number 1, 2, or 3, STOP.

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Question 4:
How much in damages (other than punitive damages) is OSCAR GRANT, JR. entitled?

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$ _______________

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Question 5:
Did OSCAR GRANT, JR. prove by a preponderance of the evidence that JOHANNES

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MEHSERLE’s conduct was malicious, oppressive, or in reckless disregard of OSCAR GRANT,

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JR.’s rights?

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__________ Yes

__________ No

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If you answered “yes,” you now have the opportunity to award punitive damages. An award

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of punitive damages serves to punish an individual defendant and act as a deterrent for such future

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conduct, rather than pay someone back for what they lost. The jury may award punitive damages

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only if it concludes that JOHANNES MEHSERLE’s conduct was either motivated by malicious,

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oppressive, or in reckless disregard of indifference to OSCAR GRANT, JR.’s rights.

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What, if any, punitive damages do you award to OSCAR GRANT, JR.?

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$ _______________

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For the Northern District of California

United States District Court

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Please have the foreperson sign and date this form. Then return the form to the Courtroom
Deputy.

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Dated: ___________________

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_________________________
JURY FOREPERSON

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