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

Filing 565

ORDER - Special Verdict Form as to Johntue Caldwell's Claims (emclc2, COURT STAFF) (Filed on 6/28/2014)

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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 by 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 and

__________ No

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judgment will be entered in favor of Defendant MARYSOL DOMENICI.

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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 and

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__________ No

judgment will be entered in favor of Defendant MARYSOL DOMENICI.

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Question 3:
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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STOP and judgment will be entered in favor of Defendant MARYSOL DOMENICI.

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__________ No

If you answered "yes" to Question Numbers, 1, 2, and 3, judgment will be entered in favor of
Plaintiff JOHNTUE CALDWELL.

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Question 4:

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If you find that JOHNTUE CALDWELL suffered damages (other than punitive damages)

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enter that amount here. If, on the other hand, you find that JOHNTUE CALDWELL's rights were

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violated, but that he did not suffer any actual damages, you must enter nominal damages in an

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amount not to exceed $1.00.

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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

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

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For the Northern District of California

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

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United States District Court

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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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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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