Kensinger v. California Highway Patrol et al
Filing
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DRAFT FINAL CHARGE. Signed by Judge Alsup on June 27, 2012. (Attachments: # 1 Draft Special Verdict Form)(whalc1, COURT STAFF) (Filed on 6/27/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SEAN KENSINGER,
No. C 05-00284 WHA
Plaintiff,
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For the Northern District of California
United States District Court
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v.
SPECIAL VERDICT FORM
PAUL CRAFT, individually and in his
capacity as an officer for the California
Highway Patrol,
Defendant.
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/
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All of your answers must be unanimous.
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1.
Has plaintiff Sean Kensinger proven by a preponderance of the evidence that
defendant Paul Craft used excessive force on plaintiff?
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______Yes
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_____No
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If the answer to Question 1 is “Yes,” please proceed to Question 2. If the answer to
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Question 1 is “No,” you should skip all remaining questions and the foreperson should sign and
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date the form.
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2.
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Has the plaintiff proven by a preponderance of the evidence that the defendant
intentionally inflicted emotional distress on the plaintiff?
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______Yes
_____No
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Please answer the next Question.
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3.
If you have answered “Yes” to Questions 1 and/or 2, what damages has the
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plaintiff proven by a preponderance of the evidence after consideration of any
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failure to mitigate damages?
A.
Lost profits:
$ _____________
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For the Northern District of California
United States District Court
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B.
Past and future pain and suffering:
$ _____________
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C.
Nominal damages:
$ _____________
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Please answer the next Question.
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4.
Has the plaintiff proven by a preponderance of the evidence that punitive
damages should be awarded against the defendant?
______Yes
_____No
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If you answer “Yes” as to this question, then there will be a short supplemental
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proceeding immediately after your verdict. The purpose of the short supplemental proceeding
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would be to allow you to fix the amount of any punitive damages.
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Please sign and date this verdict form.
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Dated: June ______, 2012.
FOREPERSON
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