Velarde et al v. City of Union City et al

Filing 142

PROPOSED SPECIAL VERDICT FORM. Signed by Judge James Donato on 12/10/2015. (jdlc1S, COURT STAFF) (Filed on 12/10/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AARON VELARDE, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 13-cv-04011-JD
PROPOSED SPECIAL VERDICT FORM

v.
UNION CITY POLICE DEPARTMENT, et
al.,
Defendants.

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The Court proposes to provide the jury with this special verdict form on December 11,

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2015. The parties have until 7:30 a.m. on December 11, 2015 to file any objections to this

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proposed verdict form.

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IT IS SO ORDERED.
Dated: December 10, 2015

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________________________
JAMES DONATO
United States District Judge

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Your answers must be unanimous:

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Question No. 1: Section 1983 Excessive Force under the Fourth Amendment

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Do you find by a preponderance of the evidence that one or more of the defendants violated Heide

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Velarde’s Fourth Amendment rights by using unreasonable force against her?

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Baumgartner _____YES

_____NO

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J. Martin

_____NO

_____YES

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Question No. 2: Section 1983 Unlawful Arrest under the Fourth Amendment

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Do you find by a preponderance of the evidence that one or more of the defendants violated Heide

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United States District Court
Northern District of California

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Velarde’s Fourth Amendment rights by arresting her without probable cause?

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Baumgartner _____YES

_____NO

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J. Martin

_____NO

_____YES

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Question No. 3: State Law Assault

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Do you find by a preponderance of the evidence that one or more of the defendants assaulted

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Heide Velarde?

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Baumgartner _____YES

_____NO

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J. Martin

_____NO

_____YES

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Question No. 4: State Law Battery

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Do you find by a preponderance of the evidence that one or more of the defendants battered Heide

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Velarde?

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Baumgartner _____YES

_____NO

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J. Martin

_____NO

_____YES

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Question No. 5: State Law False Arrest

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Do you find by a preponderance of the evidence that one or more of the defendants wrongfully

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arrested Heide Velarde?

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Baumgartner _____YES

_____NO

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J. Martin

_____NO

_____YES

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Question No. 6: Damages

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Answer this question only if you answered “yes” in at least one of Questions 1 through 5.

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What amount of damages has Heide Velarde proven by a preponderance of evidence that will

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United States District Court
Northern District of California

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fairly and reasonably compensate her for her injury?
$________

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Dated: ___________________

_______________________________
FOREPERSON

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