Young v. Holmes et al
Filing
234
Court's Proposed Verdict Form. Signed by Judge Jeffrey S. White on April 23, 2013. (jswlc3, COURT STAFF) (Filed on 4/23/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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EARL YOUNG,
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For the Northern District of California
United States District Court
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Plaintiff,
No. C 09-01042 JSW
v.
COURT’S PROPOSED SPECIAL
VERDICT FORM
T. HOLMES, et al.,
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Defendants.
/
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The parties are notified that this constitutes the Court’s Proposed Special Verdict
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Form. If the jurors answer any portion of question 9 in the affirmative, the Court will
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pose the following question after further testimony is considered.
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The parties shall file any objections by 4:00 p.m. on April 24, 2013.
QUESTION TEN
What amount of punitive damages, if any, do you unanimously award Plaintiff from one
or more of the following Defendants?
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Todd Holmes
$__________
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Michael Bullock
$__________
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Terrance Buchanan
$__________
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Karl Kiplinger
$__________
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IT IS SO ORDERED.
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April 23, 2013
________________________
JEFFREY S. WHITE
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QUESTION ONE
Do you find by a preponderance of the evidence that one or more of the following
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defendants, Todd Holmes, Michael Bullock or Terrance Buchanan, deprived Plaintiff of his
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rights under the Eighth Amendment to the Constitution by using excessive force on him on
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September 24, 2006?
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____
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If you answered NO, do not answer any more questions. Sign, date, and return this
YES
____
NO
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verdict form to the Court. If you answered YES, proceed to question 2.
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QUESTION TWO
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For the Northern District of California
United States District Court
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Which Defendant or Defendants deprived Plaintiff of his rights under the Eighth
Amendment to the Constitution by using excessive force on him on September 24, 2006?
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Todd Holmes
_____ YES _____ NO
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Michael Bullock
_____ YES
_____ NO
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Terence Buchanan
_____ YES
_____ NO
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QUESTION THREE
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If you answered YES to questions 1 and question 2, did the use of excessive force cause
Plaintiff injury?
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_____ YES _____ NO
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If you answered NO, skip question 4 and proceed to question 5.
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QUESTION FOUR
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What is the dollar amount that will reasonably and fairly compensate Plaintiff for any
injury he sustained as a result of the Defendant’s or Defendants’ use of excessive force?
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QUESTION FIVE
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For the Northern District of California
United States District Court
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$_________________
Do you find by a preponderance of the evidence that one or more of the following
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Defendants, Todd Holmes, Michael Bullock, Terrance Buchanan or Karl Kiplinger, failed to
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intervene to prevent the Defendant or Defendants you have found used excessive force on
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Plaintiff from doing so?
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_____ YES
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If you answered NO, skip questions 6 through 8 and proceed to question 9.
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NO
QUESTION SIX
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Which Defendant or Defendants failed to intervene to prevent the use of excessive force
on Plaintiff?
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Todd Holmes
_____ YES _____ NO
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Michael Bullock
_____ YES
_____ NO
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Terrance Buchanan
_____ YES
_____ NO
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Karl Kiplinger
_____ YES
_____ NO
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QUESTION SEVEN
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If you answered YES to questions 3 and 4, did the failure to intervene cause Plaintiff
injury?
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_____ YES _____ NO
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If you answered NO, skip question 8 and proceed to question 9.
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QUESTION EIGHT
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Please state the amount that will reasonably and fairly compensate Plaintiff for any
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injury he sustained as a result of the Defendant’s or Defendants’ failure to intervene to prevent
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the use of excessive force?
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$_________________
QUESTION NINE
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If you found that any of the Defendants used excessive force on Plaintiff or failed to
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intervene to prevent the use of excessive force, do you unanimously find that Plaintiff has
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proven by a preponderance of the evidence that any of the Defendants listed below acted
maliciously, oppressively, or in reckless disregard of Plaintiff’s constitutional rights?
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For the Northern District of California
United States District Court
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Todd Holmes
_____ YES _____ NO
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Michael Bullock
_____ YES
_____ NO
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Terrance Buchanan
_____ YES
_____ NO
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Karl Kiplinger
_____ YES
_____ NO
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Dated:
FOREPERSON
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