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
JOHNTUE CALDWELL

AND RELATED ACTIONS.
___________________________________/

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

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JOHNTUE CALDWELL
Question 1:

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Did JOHNTUE CALDWELL prove a preponderance of the evidence that MARYSOL
DOMENICI seized him?

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__________ Yes

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If you answered “yes,” please answer Question Number 2. If you answered “no,” STOP.

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__________ No

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Question 2:

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Did JOHNTUE CALDWELL prove by a preponderance of the evidence that the seizure by
MARYSOL DOMENICI was unreasonable?

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__________ Yes

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If you answered “yes,” please answer Question Number 3. If you answered “no,” STOP.

__________ No

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Question 3:

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Did MARYSOL DOMENICI cause injury to JOHNTUE CALDWELL?

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For the Northern District of California

United States District Court

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__________ Yes

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If you answered “yes,” please answer Question Numbers 4 and 5. If you answered “no,”

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__________ No

STOP.

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Question 4:
How much in damages (other than punitive damages) is JOHNTUE CALDWELL entitled?

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$ _______________

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Question 5:
Did JOHNTUE CALDWELL prove by a preponderance of the evidence that MARYSOL

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DOMENICI’s conduct was malicious, oppressive, or in reckless disregard of JOHNTUE

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CALDWELL’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
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 MARYSOL DOMENICI’s conduct was either motivated by malicious,

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oppressive, or in reckless disregard or indifference to JOHNTUE CALDWELL’s rights.

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What, if any, punitive damages do you award to JOHNTUE CALDWELL?

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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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