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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