Davis v. Prison Health Services, Inc. et al

Filing 183

Special Verdict (Final Draft( (Illston, Susan) (Filed on 12/13/2011)

1
2

IN THE UNITED STATES DISTRICT COURT

3

FOR THE NORTHERN DISTRICT OF CALIFORNIA

4
5

FREDDIE M. DAVIS,

6
7
8
9

No. C 09-2629 SI

Plaintiff,
v.
JAMES E. AYALA and DARRYL GRIFFITH,
Defendants.

/

United States District Court
For the Northern District of California

10
11
12
13
14
15

SPECIAL VERDICT

16
17
18
19
20
21
22
23
24
25
26
27
28

We the jury unanimously find as follows on the questions submitted to us:

1

Claims against Defendant James E. Ayala

Part I.

2
A.

Section 1983 Claim - Retaliation for Exercise of First Amendment Rights

3
4

1.
Did plaintiff Freddie Davis prove, by a preponderance of the evidence, that
defendant James Ayala retaliated against plaintiff Davis for exercising her First Amendment rights?

5
__________
Yes

6
7

__________
No

If your answer to this question is “Yes,” then please answer the next question. If your answer to this
question is “No,” go directly to Question I-B(1).

8
9
United States District Court
For the Northern District of California

10

2.
Did defendant Ayala prove, by a preponderance of the evidence, that he would
have taken the same actions against plaintiff Davis even in the absence of the protected conduct?

11

__________
Yes

12
13

__________
No

If your answer to this question is “Yes,” go directly to Question I-B(1). If your answer to this question
is “No,” then please answer the next question.

14
15
16

3.
Did plaintiff Davis prove, by a preponderance of the evidence, that she was
harmed as a result of defendant Ayala’s actions?
__________
Yes

17

__________
No

18
19

Please answer the next question.

20
21

B.

Conspiracy Claim - Conspiracy with PHS Management to Retaliate against
Plaintiff

22
23
24
25
26

1.
Did plaintiff Davis prove, by a preponderance of the evidence, that a conspiracy
existed between defendant Ayala and one or more PHS employees?
__________
Yes

__________
No

If your answer to this question is “Yes,” then please answer the next question. If your answer to this
question is “No,” go directly to Question II-A(1).

27
28

2

1
2
3

2.
Did plaintiff Davis prove, by a preponderance of the evidence, that the purpose
of the conspiracy between defendant Ayala and PHS was to retaliate against plaintiff Davis based on
her exercise of her First Amendment rights?
__________
Yes

__________
No

4
5

If your answer to this question is “Yes,” then please answer the next question. If your answer to
Question I-B(2) is “No,” go directly to Question II-A(1).

6
7
8
9
United States District Court
For the Northern District of California

10
11

3.
Did plaintiff Davis prove, by a preponderance of the evidence, that defendant
Ayala committed an act in furtherance of this conspiracy, or caused an act to be committed in
furtherance of this conspiracy?
__________
Yes

__________
No

If your answer to this question is “Yes,” then please answer the next question. If your answer to this
question is “No,” go directly to Question II-A(1).

12
13
14
15
16

4.
Did plaintiff Davis prove, by a preponderance of the evidence, that defendant
Ayala’s acts as part of the conspiracy with PHS retaliated against plaintiff based on her exercise of her
First Amendment rights?
__________
Yes

__________
No

Please answer the next question.

17
18
19
20
21
22
23
24
25
26
27
28

3

1

Part II.

Claims against Defendant Darryl Griffith

2
A.

Section 1983 Claim - Retaliation for Exercise of First Amendment Rights

3
4

1.
Did plaintiff Freddie Davis prove, by a preponderance of the evidence, that
defendant Darryl Griffith retaliated against plaintiff Davis for exercising her First Amendment rights?

5
__________
Yes

6
7

__________
No

If your answer to this question is “Yes,” then please answer the next question. If your answer to this
question is “No,” go directly to Question II-B(1).

8
9
United States District Court
For the Northern District of California

10

2.
Did defendant Griffith prove, by a preponderance of the evidence, that he would
have taken the same actions against plaintiff Davis even in the absence of the protected conduct?
__________
Yes

11
12
13

__________
No

If your answer to this question is “Yes,” go directly to Question II-B(1).
question is “No,” then please answer the next question.

If your answer to this

14
15

3.
Did plaintiff Davis prove, by a preponderance of the evidence, that she was
harmed as a result of defendant Griffith’s actions?

16

__________
Yes

17
18

__________
No

Please answer ths next question.

19
20
21

B.

Conspiracy Claim - Conspiracy with PHS Management to Retaliate against
Plaintiff

22
23
24
25
26

1.
Did plaintiff Davis prove, by a preponderance of the evidence, that a conspiracy
existed between defendant Griffith and one or more PHS employees?
__________
Yes

__________
No

If your answer to this question is “Yes,” then please answer the next question. If your answer to this
question is “No,” go directly to Part III.

27
28

4

1
2

2.
Did plaintiff Davis prove, by a preponderance of the evidence, that the purpose
of the conspiracy between defendant Griffith and PHS was to retaliate against plaintiff Davis based on
her exercise of her First Amendment rights?

3
4
5

__________
Yes

__________
No

If your answer to this question is “Yes,” then please answer the next question. If your answer to this
question is “No,” go directly to Part III.

6
7
8
9
United States District Court
For the Northern District of California

10
11
12

3.
Did plaintiff Davis prove, by a preponderance of the evidence, that defendant
Griffith committed an act in furtherance of this conspiracy, or caused an act to be committed in
furtherance of this conspiracy?
__________
Yes

__________
No

If your answer to this question is “Yes,” then please answer the next question. If your answer to this
question is “No,” go directly to Part III.

13
14
15
16
17

4.
Did plaintiff Davis prove, by a preponderance of the evidence, that defendant
Griffith’s acts as part of the conspiracy with PHS retaliated against plaintiff based on her exercise of her
First Amendment rights?
__________
Yes

__________
No

18
19

Please go to Part III.

20
21
22
23
24
25
26
27
28

5

1

Part III.

Damages

2
3

If you answered “Yes” to Question I-A(3), I-B(4), II-A(3) or II-B(4), then answer the following
questions; if not, then go to the end of this verdict form, and sign and date it where indicated.

4

A.
Did plaintiff Davis prove, by a preponderance of the evidence, that she suffered harm or
injury caused by the retaliatory acts or conduct of either defendant?

5
6
7

__________
Yes

__________
No

If your answer to this question is “Yes,” then please answer the next question. If your answer to this
question is “No,” then go to the end of this verdict form, and sign and date it where indicated

8
9
United States District Court
For the Northern District of California

10
11
12
13
14
15

B.
What is the amount of damages that plaintiff Davis proved, in accordance with the
instructions you have been given and the evidence in the case and after taking into account any failure
to mitigate damages proved by defendants?
1.

Past lost earnings:

$_____________________

2.

Past medical expenses:

$_____________________

3.

Present value of
future lost earnings:

$_____________________

Present value of
future medical expenses:

$_____________________

Physical pain, mental
suffering and loss of
enjoyment of living:

$_____________________

4.

16
17

5.

18
19
20
21

Total (1 + 2 + 3 + 4 + 5):

$_____________________

Please go to Part IV.

22
23
24
25
26
27
28

6

1

Part IV.

Malicious, Oppressive or Reckless Conduct:

2
Please answer the next two questions.
3
4
5

A. Re: Defendant Ayala: Did plaintiff Davis prove, by a preponderance of the evidence, that
the conduct of defendant Ayala both harmed plaintiff and was malicious, oppressive or in reckless
disregard of plaintiffs rights, as those terms have been defined for you in these instructions?

6

__________
Yes

__________
No

7
8
9
United States District Court
For the Northern District of California

10

B. Re: Defendant Griffith: Did plaintiff Davis prove, by a preponderance of the evidence, that
the conduct of defendant Griffith both harmed plaintiff and was malicious, oppressive or in reckless
disregard of plaintiffs rights, as those terms have been defined for you in these instructions?
__________
Yes

11

__________
No

12
13
14

Dated:
_________________________
FOREPERSON

15
16
17
18
19
20
21
22
23
24
25
26
27
28

7