Eberhard v. California Highway Patrol et al

Filing 268

PROPOSED VERDICT FORM. Signed by Judge James Donato on 2/24/2016. (jdlc1S, COURT STAFF) (Filed on 2/24/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEPHEN E. EBERHARD,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 14-cv-01910-JD
PROPOSED VERDICT FORM

v.
CALIFORNIA HIGHWAY PATROL, et al.,
Defendants.

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The Court proposes to provide the jury with this special verdict form at the close of

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evidence. The parties may raise any objections or concerns about this proposed verdict form at the

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jury charge conference on Thursday, February 25, 2016.

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IT IS SO ORDERED.
Dated: February 24, 2016

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JAMES DONATO
United States District Judge

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Your answers must be unanimous:

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MAY 21, 2013 INCIDENT

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Question No. 1: Section 1983 -- First Amendment

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Do you find by a preponderance of the evidence that Teddy Babcock violated Stephen Eberhard’s

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First Amendment rights?

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_____YES

_____NO

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Question No. 2: State Law Bane Act

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United States District Court
Northern District of California

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Do you find by a preponderance of the evidence that Teddy Babcock intentionally interfered or

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attempted to interfere with Stephen Eberhard’s civil rights by threats, coercion or intimidation?

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_____YES

_____NO

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Question No. 3: Actual Damages

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Answer this question only if you answered “yes” at least once in Questions 1 or 2. What

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amount of damages has Stephen Eberhard proven by a preponderance of evidence that will fairly

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and reasonably compensate him for his injury for the May 21, 2013 incident?

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$________

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Question No. 4: State Law Bane Act -- Optional Treble Damages

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Answer this question only if you answered “yes” in Question 2 and you entered a dollar

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amount in Question 3. You may choose to award Stephen Eberhard up to three times the dollar

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amount you entered in Question 3 as a penalty against defendant. What total amount of damages

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do you award Stephen Eberhard?

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$________

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Question No. 5: Section 1983 -- Nominal Damages

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Answer this question only if you answered “yes” in Question 1 and you answered $0.00 or no

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damages in Question 3. You must award Stephen Eberhard an amount of nominal damages not

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to exceed $1.00. What amount of nominal damages do you award Stephen Eberhard?

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$________

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Question No. 6: Section 1983 -- Punitive Damages

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Answer this question only if you answered “yes” to Question 1. If you find by a

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preponderance of evidence that Teddy Babcock’s conduct on May 21, 2013 was malicious,
oppressive or in reckless disregard of Stephen Eberhard’s rights, you may, but are not required to,

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United States District Court
Northern District of California

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award punitive damages. What amount of punitive damages, if any, do you award against the

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defendant?

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$________

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JULY 23, 2013 INCIDENT

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Question No. 7: Section 1983 -- First Amendment

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Do you find by a preponderance of the evidence that the defendant violated Stephen Eberhard’s

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First Amendment rights?

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Kory Reynolds

_____YES

_____NO

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Christopher Dabbs

_____YES

_____NO

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Question No. 8: State Law Bane Act

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Do you find by a preponderance of the evidence that the defendant intentionally interfered or

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United States District Court
Northern District of California

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attempted to interfere with Stephen Eberhard’s civil rights by threats, coercion or intimidation?

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Kory Reynolds

_____YES

_____NO

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Christopher Dabbs

_____YES

_____NO

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Question No. 9: Actual Damages

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Answer this question only if you answered “yes” at least once in Questions 7 or 8. What

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amount of damages has Stephen Eberhard proven by a preponderance of evidence that will fairly

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and reasonably compensate him for his injury from the July 23, 2013 incident?

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$________

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Question No. 10: State Law Bane Act -- Optional Treble Damages

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Answer this question only if you answered “yes” in Question 8 and you entered a dollar

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amount in Question 9. You may choose to award Stephen Eberhard up to three times the dollar

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amount you entered in Question 9 as a penalty against defendants. What total amount of damages

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do you award Stephen Eberhard?

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$________

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Question No. 11: Section 1983 -- Nominal Damages

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Answer this question only if you answered “yes” in Question 7 and you answered $0.00 or no

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damages in Question 9. You must award Stephen Eberhard an amount of nominal damages not

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to exceed $1.00. What amount of nominal damages do you award Stephen Eberhard?

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$________

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Question No. 12: Section 1983 -- Punitive Damages

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Answer this question only if you answered “yes” to Question 7. If you find by a

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preponderance of evidence that a defendant’s conduct on July 23, 2013 was malicious, oppressive
or in reckless disregard of Stephen Eberhard’s rights, you may, but are not required to, award

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United States District Court
Northern District of California

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punitive damages. What amount of punitive damages, if any, do you award against each

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defendant?

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Kory Reynolds

$________

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Christopher Dabbs

$________

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Dated: ___________________

_______________________________
FOREPERSON

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