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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 WANDA JOHNSON, et al., 9 Plaintiffs, For the Northern District of California United States District Court 10 11 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) 12 13 14 Defendants. ___________________________________/ SPECIAL VERDICT FORM RE JOHNTUE CALDWELL AND RELATED ACTIONS. ___________________________________/ 15 16 17 We, the jury, answer the questions submitted to us as follows. 18 19 JOHNTUE CALDWELL Question 1: 20 21 Did JOHNTUE CALDWELL prove a preponderance of the evidence that MARYSOL DOMENICI seized him? 22 23 __________ Yes 24 If you answered “yes,” please answer Question Number 2. If you answered “no,” STOP. 25 /// 26 /// 27 /// 28 /// __________ No 1 Question 2: 2 3 Did JOHNTUE CALDWELL prove by a preponderance of the evidence that the seizure by MARYSOL DOMENICI was unreasonable? 4 5 __________ Yes 6 If you answered “yes,” please answer Question Number 3. If you answered “no,” STOP. __________ No 7 8 Question 3: 9 Did MARYSOL DOMENICI cause injury to JOHNTUE CALDWELL? 11 For the Northern District of California United States District Court 10 __________ Yes 12 If you answered “yes,” please answer Question Numbers 4 and 5. If you answered “no,” 13 __________ No STOP. 14 15 16 Question 4: How much in damages (other than punitive damages) is JOHNTUE CALDWELL entitled? 17 18 $ _______________ 19 20 21 Question 5: Did JOHNTUE CALDWELL prove by a preponderance of the evidence that MARYSOL 22 DOMENICI’s conduct was malicious, oppressive, or in reckless disregard of JOHNTUE 23 CALDWELL’s rights? 24 25 __________ Yes __________ No 26 27 28 If you answered “yes,” you now have the opportunity to award punitive damages. An award of punitive damages serves to punish an individual defendant and act as a deterrent for such future 2 1 conduct, rather than pay someone back for what they lost. The jury may award punitive damages 2 only if it concludes that MARYSOL DOMENICI’s conduct was either motivated by malicious, 3 oppressive, or in reckless disregard or indifference to JOHNTUE CALDWELL’s rights. 4 5 What, if any, punitive damages do you award to JOHNTUE CALDWELL? 6 7 $ _______________ 8 9 11 For the Northern District of California United States District Court 10 12 13 14 Please have the foreperson sign and date this form. Then return the form to the Courtroom Deputy. 15 16 Dated: ___________________ 17 _________________________ JURY FOREPERSON 18 19 20 21 22 23 24 25 26 27 28 3

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