Foster v. Berkeley Police Department et al

Filing 189

SPECIAL VERDICT FORM (Illston, Susan) (Filed on 3/26/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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NADRA FOSTER,

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United States District Court
For the Northern District of California

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No. C 10-3703 SI

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

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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.

Actions of Defendant Alexander McDougall:

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Section 1983 claim - Excessive Force (against Defendant Alexander McDougall)
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1.
Did plaintiff Nadra Foster prove, by a preponderance of the evidence, that
defendant Alexander McDougall used unconstitutional excessive force against her?
__________
Yes

__________
No

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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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Battery claim (against Defendant Alexander McDougall and the City of Berkeley)

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2.
Did plaintiff Nadra Foster prove, by a preponderance of the evidence, that
defendant Alexander McDougall committed a battery against her?

United States District Court
For the Northern District of California

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__________
Yes

__________
No

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Please answer the next question.

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Intentional infliction of emotional distress claim (against Defendant Alexander
McDougall and the City of Berkeley)

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3.
Did plaintiff Nadra Foster prove, by a preponderance of the evidence, that
defendant Alexander McDougall committed intentional infliction of emotional distress against her?
__________
Yes

__________
No

Please go to Part B.

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Part B.

Actions of Defendant Erik Keene:

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Section 1983 claim - Excessive Force (against Defendant Erik Keene)
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1.
Did plaintiff Nadra Foster prove, by a preponderance of the evidence, that
defendant Erik Keene used unconstitutional excessive force against her?
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Yes

__________
No

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United States District Court
For the Northern District of California

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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.
Battery claim (against Defendant Erik Keene and the City of Berkeley)
2.
Did plaintiff Nadra Foster prove, by a preponderance of the evidence, that
defendant Erik Keene committed a battery against her?
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Yes

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No

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Please answer the next question.

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Intentional infliction of emotional distress claim (against Defendant Erik Keene and
the City of Berkeley)

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3.
Did plaintiff Nadra Foster prove, by a preponderance of the evidence, that
defendant Erik Keene committed intentional infliction of emotional distress against her?
__________
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(1), A(2), or A(3) as to defendant McDougall, then answer
the next question as to damages caused by defendant McDougall. If you answered “Yes” to Question
B(1), B(2), or B(3) as to defendant Keene, then answer the next question as to damages caused by
defendant Keene. Otherwise, go to the end of this verdict form, and sign and date it where indicated.

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What is the amount of compensatory damages that plaintiff Foster proved, in accordance with
the instructions you have been given and the evidence in the case? In determining damages, you should
apportion the damages caused by each defendant; the amounts will be added.

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1.

Damages caused by defendant McDougall:

$_____________________

2.

Damages caused by defendant Keene

$_____________________

Total Damages(1 + 2):

$_____________________

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United States District Court
For the Northern District of California

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Please go to Part D.

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Part D.

Malicious, Oppressive or Reckless Conduct:

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If you answered “Yes” to Question A(1), A(2), or A(3), please answer this question; if not, go to the
next question:
1. Re: Defendant McDougall: Did plaintiff Foster prove, by a preponderance of the evidence,
that the conduct of defendant McDougall was malicious, oppressive or in reckless disregard of
plaintiff’s 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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United States District Court
For the Northern District of California

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If you answered “Yes” to Question B(1), B(2), or B(3), please answer this question:
2. Re: Defendant Keene: Did plaintiff Foster prove, by a preponderance of the evidence, that
the conduct of defendant Keene was malicious, oppressive or in reckless disregard of plaintiff’s 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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Dated:
_________________________
FOREPERSON

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