Velarde et al v. City of Union City et al

Filing 145

REVISED FINAL VERDICT FORM. Signed by Judge James Donato on 12/11/2015. (jdlc1S, COURT STAFF) (Filed on 12/11/2015)

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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
REVISED FINAL VERDICT FORM

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

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The Court gives this revised final verdict form to the jury, following consultation with the
parties and resolution of all conflicts.
IT IS SO ORDERED.
Dated: December 11, 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” at least once in Question 1 through 5. What

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

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United States District Court
Northern District of California

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reasonably compensate her for her injury?
$________

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Question No. 7: Nominal Damages

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Answer this question only if you answered “yes” at least once in Question 1 or 2 and you

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answered $0.00 or no damages in Question 6. You must award Heide Velarde an amount of

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nominal damages not to exceed $1.00. What amount of nominal damages do you award Heide

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Velarde?

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$________

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SPECIAL INTERROGATORIES

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If you answered “yes” at least once in Question Number 1 or 2, you must answer each of

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these special interrogatories. Do not answer the interrogatories if you answered “no” in each part

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of Question 1 or 2.

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Special Interrogatory 1:

Before Officer Baumgartner deployed his canine against Heide Velarde, was she kicking
Officer J. Martin?
________ Yes

________ No

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United States District Court
Northern District of California

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Special Interrogatory 2:

Before Officer Baumgartner deployed his canine against Heide Velarde, had she bitten
Officer J. Martin?
________ Yes

________ No

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Special Interrogatory 3:

Before Officer Baumgartner deployed his canine against Heide Velarde, did she comply
with Officer J. Martin’s command to stop resisting?
________ Yes

________ No

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Dated: ___________________

_______________________________
FOREPERSON

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