Kensinger v. California Highway Patrol et al

Filing 70

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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 SEAN KENSINGER, No. C 05-00284 WHA Plaintiff, 11 For the Northern District of California United States District Court 10 12 13 14 v. SPECIAL VERDICT FORM PAUL CRAFT, individually and in his capacity as an officer for the California Highway Patrol, Defendant. 15 / 16 17 All of your answers must be unanimous. 18 19 1. Has plaintiff Sean Kensinger proven by a preponderance of the evidence that defendant Paul Craft used excessive force on plaintiff? 20 ______Yes 21 _____No 22 23 If the answer to Question 1 is “Yes,” please proceed to Question 2. If the answer to 24 Question 1 is “No,” you should skip all remaining questions and the foreperson should sign and 25 date the form. 26 27 28 1 2. 2 Has the plaintiff proven by a preponderance of the evidence that the defendant intentionally inflicted emotional distress on the plaintiff? 3 ______Yes _____No 4 5 Please answer the next Question. 6 7 3. If you have answered “Yes” to Questions 1 and/or 2, what damages has the 8 plaintiff proven by a preponderance of the evidence after consideration of any 9 failure to mitigate damages? A. Lost profits: $ _____________ 11 For the Northern District of California United States District Court 10 B. Past and future pain and suffering: $ _____________ 12 C. Nominal damages: $ _____________ 13 14 Please answer the next Question. 15 16 17 18 4. Has the plaintiff proven by a preponderance of the evidence that punitive damages should be awarded against the defendant? ______Yes _____No 19 20 If you answer “Yes” as to this question, then there will be a short supplemental 21 proceeding immediately after your verdict. The purpose of the short supplemental proceeding 22 would be to allow you to fix the amount of any punitive damages. 23 Please sign and date this verdict form. 24 25 26 Dated: June ______, 2012. FOREPERSON 27 28 2

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