Davis v. Prison Health Services, Inc. et al

Filing 184

Verdict (final form) (Illston, Susan) (Filed on 12/14/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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FREDDIE M. DAVIS,

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No. C 09-2629 SI

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

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United States District Court
For the Northern District of California

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SPECIAL VERDICT

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

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Part A.

Claims against Defendant James E. Ayala:
Section 1983 Claim - Retaliation for Exercise of First Amendment Rights

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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?

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__________
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 B.

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United States District Court
For the Northern District of California

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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?
__________
Yes

__________
No

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

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

__________
No

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Please go to Part B.

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Part B.

Claims against Defendant Darryl Griffith:
Section 1983 Claim - Retaliation for Exercise of First Amendment Rights

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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?

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__________
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 C.

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United States District Court
For the Northern District of California

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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

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No

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

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

__________
No

Please go to Part C.

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Part C.

Damages

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

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1.
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?

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__________
Yes

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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

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United States District Court
For the Northern District of California

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2.
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?
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Past lost earnings:

$_____________________

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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.

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5.

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

$_____________________

Please go to Part D.

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Part D.

Malicious, Oppressive or Reckless Conduct:

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If your answer to Question A(3) was “Yes,” please answer this question; if not, go to the next question:
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1. 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?

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__________
Yes

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__________
No

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If your answer to Question B(3) was “Yes,” please answer this question:

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2. 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?

United States District Court
For the Northern District of California

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__________
Yes

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__________
No

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Dated:
_________________________
FOREPERSON

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