Curtis v. City of Oakland et al

Filing 262

COURT'S PROPOSED VERDICT FORMS PRIOR TO DELIBERATIONS (Illston, Susan) (Filed on 12/4/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RONALD EL-MALIK CURTIS,

Case No. 10-cv-00358-SI

Plaintiff,
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v.
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CITY OF OAKLAND, et al.,
Defendants.

United States District Court
Northern District of California

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COURT’S PROPOSED VERDICT FORMS PRIOR TO DELIBERATIONS

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IT IS SO ORDERED.
Dated: December 4, 2015
______________________________________
SUSAN ILLSTON
United States District Judge

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Please carefully read and complete this form in the order in which it is presented. Be sure to

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review the referenced jury instruction at the end of each question, as well as Jury

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Instructions Nos. 43, 44, 45, and 46.

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PART A

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CLAIMS AGAINST DEFENDANT JOSEPH TORRES

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1. Did Ronald Curtis prove, by a preponderance of the evidence, that he was subjected to
a hostile work environment by Joseph Torres? See Jury Instruction No. 22.
_____ Yes

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United States District Court
Northern District of California

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_____ No

Regardless of your answer to this question, please answer the next question.

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2. Did Ronald Curtis prove, by a preponderance of the evidence, that Joseph Torres

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retaliated against Mr. Curtis? See Jury Instruction No. 37.

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_____ Yes

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Regardless of your answer to this question, please answer the next question.

_____ No

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3. Did Mr. Curtis prove, by a preponderance of the evidence, that the act(s) of Joseph

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Torres deprived Mr. Curtis of his particular rights under the laws of the United States,

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specifically 42 U.S.C. § 1981? See Jury Instruction No. 27. If you answered “No” to

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both Question 1 and Question 2 above, then your answer to this question must be “No.”

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If you answered “Yes” to Question 1 and/or Question 2 above, then your answer to this

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question must be “Yes.”

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_____ Yes

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If your answer to this question is “Yes,” then please answer the next question. If your

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answer to this question is “No,” go directly to Question 5.

_____ No

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4. Did Ronald Curtis prove, by a preponderance of the evidence, that he suffered an actual
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harm because of the deprivation of his 42 U.S.C. § 1981 rights by Joseph Torres?

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_____ Yes

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Regardless of your answer to this question, please answer the next question.

_____ No

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5. Did Ronald Curtis prove, by a preponderance of the evidence, that the act(s) of Joseph

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Torres deprived Mr. Curtis of his particular rights under United States Constitution,

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specifically the Fourteenth Amendment Equal Protection Clause? See Jury

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Instruction No. 27.

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_____ Yes

_____ No

If your answer to this question is “Yes,” then please answer the next question. If your

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United States District Court
Northern District of California

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answer to this question is “No,” then go directly to question 7.

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6. Did Ronald Curtis prove, by a preponderance of the evidence, that he suffered an actual

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harm because of the deprivation of his Fourteenth Amendment Equal Protection rights

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by Joseph Torres?

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_____ Yes

_____ No

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If the answer to Question 1 and/or Question 2 and/or Question 3 and/or Question 5 is “Yes,” then

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please answer the following question:

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7. Did Ronald Curtis prove, by a preponderance of the evidence, that the conduct of

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Joseph Torres which harmed Mr. Curtis was malicious, oppressive or in reckless

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disregard of Mr. Curtis’s rights, as those terms have been defined to you in these

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instructions? See Jury Instruction No. 42.

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_____ Yes

_____ No

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Please go to Part B.

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PART B

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CLAIMS AGAINST DEFENDANT JENNIFER RAY

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If your answer to Question A(3) and/or A(5) was “Yes,” please answer Question 1; if not, go

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directly to Question 3.

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1. Did Mr. Curtis prove, by a preponderance of the evidence, that:
Jennifer Ray directed Joseph Torres in the act(s) that deprived Mr. Curtis of his rights;
or

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Jennifer Ray set in motion a series of acts by Joseph Torres that she knew, or

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reasonably should have known, would cause the subordinates to deprive Mr. Curtis of

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his rights;
or

United States District Court
Northern District of California

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(a) Jennifer Ray knew, or reasonably should have known, that Joseph Torres was

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engaging in these act(s) and that their conduct would deprive Mr. Curtis of these

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rights; and

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(b) Jennifer Ray failed to act to prevent Joseph Torres from engaging in such conduct?

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See Jury Instruction No. 26.

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_____ Yes

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If your answer to this question is “Yes,” please answer the next question. If your

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answer to this question is “No,” then go directly to question 3.

_____ No

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2. Did Ronald Curtis prove, by a preponderance of the evidence, that he suffered an actual

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harm because of the deprivation of his rights by Joseph Torres? If you answered “Yes”

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to Question A(4) or Question A(6), then your answer to this question must be “Yes.”

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If you answered “No” to both Question A(4) and Question A(6), then your answer

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must be “No.”

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_____ Yes

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Regardless of your answer to this question, please answer the next question.

_____ No

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3. Did Ronald Curtis prove, by a preponderance of the evidence, that he was subjected to

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a hostile work environment by Jennifer Ray? See Jury Instruction No. 21.

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_____ Yes

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Regardless of your answer to this question, please answer the next question.

_____ No

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4. Did Ronald Curtis prove, by a preponderance of the evidence, that Jennifer Ray

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retaliated against Mr. Curtis? See Jury Instruction No. 36.

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_____ Yes

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Regardless of your answer to this question, please answer the next question.

_____ No

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United States District Court
Northern District of California

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5. Did Mr. Curtis prove, by a preponderance of the evidence, that the act(s) of Jennifer

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Ray deprived Mr. Curtis of his particular rights under the laws of the United States,

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specifically 42 U.S.C. § 1981? If you answered “No” to both Question 3 and Question

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4 above, then your answer to this question must be “No.” If you answered “Yes” to

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Question 3 and/or Question 4 above, then your answer to this question must be “Yes.”

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See Jury Instruction No. 26.

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_____ Yes

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If your answer to this question is “Yes,” then please answer the next question. If your

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answer to this question is “No,” go directly to Question 7.

_____ No

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6. Did Ronald Curtis prove, by a preponderance of the evidence, that he suffered an actual

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harm because of the deprivation of his 42 U.S.C. § 1981 rights by Jennifer Ray?

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_____ Yes

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Regardless of your answer to this question, please answer the next question.

_____ No

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7. Did Ronald Curtis prove, by a preponderance of the evidence, that the act(s) of Jennifer

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Ray deprived Mr. Curtis of his particular rights under United States Constitution,

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specifically the Fourteenth Amendment Equal Protection Clause? See Jury
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Instruction No. 26.

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_____ Yes

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If your answer to this question is “Yes,” then please answer the next question. If your

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answer to this question is “No,” then go directly to question 9.

_____ No

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8. Did Ronald Curtis prove, by a preponderance of the evidence, that he suffered an actual

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harm because of the deprivation of his Fourteenth Amendment Equal Protection rights

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by Jennifer Ray?

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_____ Yes

_____ No

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United States District Court
Northern District of California

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If the answer to Question 1 and/or Question 3 and/or Question 4 and/or Question 5 and/or

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Question 7 is “Yes,” then please answer the following question:

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9. Did Ronald Curtis prove, by a preponderance of the evidence, that the conduct of

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Jennifer Ray which harmed Mr. Curtis was malicious, oppressive or in reckless

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disregard of Mr. Curtis’s rights, as those terms have been defined to you in these

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instructions? See Jury Instruction No. 42.

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_____ Yes

_____ No

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Please go to Part C.

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PART C

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CLAIMS AGAINST DEFENDANT JOHN FARRELL

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1. Did Ronald Curtis prove, by a preponderance of the evidence, that he was subjected to

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a hostile work environment by John Farrell? See Jury Instruction No. 23.

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_____ Yes

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Regardless of your answer to this question, please answer the next question.

_____ No

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2. Did Ronald Curtis prove, by a preponderance of the evidence, that John Farrell
retaliated against Mr. Curtis? See Jury Instruction No. 38.

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United States District Court
Northern District of California

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_____ Yes

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Regardless of your answer to this question, please answer the next question.

_____ No

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3. Did Mr. Curtis prove, by a preponderance of the evidence, that the act(s) of John

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Farrell deprived Mr. Curtis of his particular rights under the laws of the United States,

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specifically 42 U.S.C. § 1981? See Jury Instruction No. 28. If you answered “No” to

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both Question 1 and Question 2 above, then your answer to this question must be “No.”

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If you answered “Yes” to Question 1 and/or Question 2 above, then your answer to this

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question must be “Yes.”

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_____ Yes

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If your answer to this question is “Yes,” then please answer the next question. If your

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answer to this question is “No,” go directly to Question 5.

_____ No

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4. Did Ronald Curtis prove, by a preponderance of the evidence, that he suffered an actual

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harm because of the deprivation of his 42 U.S.C. § 1981 rights by John Farrell?

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_____ Yes

_____ No

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5. Did Ronald Curtis prove, by a preponderance of the evidence, that the act(s) of John
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Farrell deprived Mr. Curtis of his particular rights under United States Constitution,

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specifically the Fourteenth Amendment Equal Protection Clause? See Jury

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Instruction No. 28.

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_____ Yes

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If your answer to this question is “Yes,” then please answer the next question. If your

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answer to this question is “No,” then go directly to question 7.

_____ No

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6. Did Ronald Curtis prove, by a preponderance of the evidence, that he suffered an actual

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harm because of the deprivation of his Fourteenth Amendment Equal Protection rights
by John Farrell?

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United States District Court
Northern District of California

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_____ Yes

_____ No

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If the answer to Question 1 and/or Question 2 and/or Question 3 and/or Question 5 is “Yes,” then

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please answer the following question:

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7. Did Ronald Curtis prove, by a preponderance of the evidence, that the conduct of John

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Farrell which harmed Mr. Curtis was malicious, oppressive or in reckless disregard of

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Mr. Curtis’s rights, as those terms have been defined to you in these instructions? See

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Jury Instruction No. 42.

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_____ Yes

_____ No

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Please go to Part D.

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PART D

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CLAIMS AGAINST DEFENDANT GERALD SIMON

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1. Did Ronald Curtis prove, by a preponderance of the evidence, that Gerald Simon
retaliated against Mr. Curtis? See Jury Instruction No. 39.
_____ Yes

_____ No

If your answer to this question is “Yes,” then please answer the next question.

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United States District Court
Northern District of California

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2. Did Ronald Curtis prove, by a preponderance of the evidence, that the conduct of
Gerald Simon which harmed Mr. Curtis was malicious, oppressive or in reckless
disregard of Mr. Curtis’s rights, as those terms have been defined to you in these
instructions? See Jury Instruction No. 42.
_____ Yes

_____ No

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Please go to Part E.

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PART E

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CLAIMS AGAINST DEFENDANT CITY OF OAKLAND

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1. Did Ronald Curtis prove, by a preponderance of the evidence, that he was subjected to

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a hostile work environment by a non-immediate supervisor and/or co-worker under

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federal law? See Jury Instruction No.14.

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_____ Yes

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Regardless of your answer to this question, please answer the next question.

_____ No

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2. Did Ronald Curtis prove, by a preponderance of the evidence, that Joseph Torres was a

United States District Court
Northern District of California

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supervisor under federal law? See Jury Instruction No. 15.

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_____ Yes

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If your answer to this question is “Yes,” then please answer the next question. If your

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answer to this question is “No,” then go directly to Question 4.

_____ No

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3. Did Mr. Curtis prove, by a preponderance of the evidence, that he was subjected to a

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hostile work environment by Joseph Torres under federal law? See Jury Instruction

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No. 15. If you answered “Yes” to Question A(1), then your answer to this question

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must be “Yes.” If you answered “No” to Question A(1), then your answer to this

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question must be “No.”

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_____ Yes

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Regardless of your answer to this question, please answer the next question.

_____ No

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4. Did Mr. Curtis prove, by a preponderance of the evidence, that Jennifer Ray was a

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supervisor under federal law? See Jury Instruction No. 15.

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_____ Yes

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If your answer to this question is “Yes,” then please answer the next question. If your

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answer to this question is “No,” then go directly to Question 6.

_____ No

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5. Did Mr. Curtis prove, by a preponderance of the evidence, that he was subjected to a

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hostile work environment by Jennifer Ray under federal law? See Jury Instruction

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No. 15. If you answered “Yes” to Question B(3), then your answer to this question

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must be “Yes.” If you answered “No” to Question B(3), then your answer to this

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question must be “No.”

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_____ Yes

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Regardless of your answer to this question, please answer the next question.

_____ No

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6. Did Mr. Curtis prove, by a preponderance of the evidence, that he was subjected to a

United States District Court
Northern District of California

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hostile work environment under state law? See Jury Instruction No. 17.

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_____ Yes

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Regardless of your answer to this question, please answer the next question.

_____ No

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7. Did Mr. Curtis prove, by a preponderance of the evidence, that the City of Oakland

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retaliated against Mr. Curtis under state law? See Jury Instruction Nos. 32 and/or

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33.

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_____ Yes

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Regardless of your answer to this question, please answer the next question.

_____ No

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8. Did Mr. Curtis prove, by a preponderance of the evidence, that the City of Oakland

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retaliated against Mr. Curtis under federal law? See Jury Instruction Nos. 29 and/or

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30. If your answer to Question 3 is “Yes,” then your answer to this question must be

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“Yes.” If your answer to Question 3 is “No,” you may answer “Yes” or “No” to this

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question.

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_____ Yes

_____ No

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Please go to Part F.
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PART F

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DAMAGES

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If you answered “No” to all of the questions that you were asked to complete, then go directly to

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the bottom of this page, and sign and date it. If you answered “Yes” to any of the above questions,

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please complete the following. If, however, you answered “Yes” only to Question E(2) and/or

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Question E(4), then go directly to the bottom of this page, and sign and date it.

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Compensatory Damages
See Jury Instruction No. 40.

United States District Court
Northern District of California

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1. What is the total amount of emotional distress damages that Ronald Curtis proved, in

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accordance with the instructions you have been given and the evidence in the case?

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$ ________________

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If you do not award compensatory damages, you may to award nominal damages below:

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Nominal Damages

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See Jury Instruction No. 41.

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2. What is the total amount of nominal damages that Mr. Curtis proved, in accordance

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with the instructions you have been given and the evidence in this case? Note that

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nominal damages may not exceed one dollar.

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$ ________________

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Once you have completed the entire verdict form, please sign and date it below:

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Dated:
______________________________________
Foreperson
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