Torres v. Saba et al
Filing
257
VERDICT - COURT DRAFT (Illston, Susan) (Filed on 11/8/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MARIO TORRES,
Plaintiff,
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United States District Court
Northern District of California
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Case No. 16-cv-06607-SI
VERDICT FORM
v.
MIKE HANSEN, et al.,
Defendants.
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CLAIM 1 – WARRANTLESS ENTRY OF APARTMENT
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1. As to Claim 1, has plaintiff Mario Torres proven by a preponderance of the evidence that
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defendant Mike Hansen and/or Daniel Smith violated plaintiff’s Fourth Amendment
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rights when the officers entered the apartment on July 4, 2012, without a warrant?
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Officer Hansen
Yes ________
No ________
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Officer Smith
Yes ________
No ________
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If your answer to both parts of this question was “no,” please skip to Question 4. Otherwise,
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please answer the next question.
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United States District Court
Northern District of California
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2. As to Claim 1, has plaintiff Mario Torres proven by a preponderance of the evidence that
the defendant(s) caused him injury, damage or harm?
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Officer Hansen
Yes ________
No ________
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Officer Smith
Yes ________
No ________
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If your answer to both parts of this question was “no,” you must award nominal damages of
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$1, and then skip to Question 4. Nominal damages: $_____________
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If either answer to this question was “yes,” please answer the next question.
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3. As to Claim 1, state the amount of compensatory damages proved by plaintiff Mario
Torres.
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Officer Hansen
$ ________
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Officer Smith
$ ________
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Please answer the next question.
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CLAIM 2 – EXCESSIVE FORCE PRIOR TO HANDCUFFING
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4. As to Claim 2, has plaintiff Mario Torres proven by a preponderance of the evidence that
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defendant Mike Hansen and/or Daniel Smith used excessive force against him inside the
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apartment prior to plaintiff being handcuffed?
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Officer Hansen
Yes ________
No ________
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Officer Smith
Yes ________
No ________
United States District Court
Northern District of California
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If your answer to both questions was “no,” please skip to Question 7. Otherwise, please
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answer the next question.
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5. As to Claim 2, has plaintiff Mario Torres proven by a preponderance of the evidence that
the defendant(s) caused him injury, damage or harm?
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Officer Hansen
Yes ________
No ________
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Officer Smith
Yes ________
No ________
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If your answer to both parts of this question was “no,” you must award nominal damages of
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$1, and then skip to Question 7. Nominal damages: $_____________
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If either answer to this question was “yes,” please answer the next question.
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6. As to Claim 2, state the amount of compensatory damages proved by plaintiff Mario
Torres.
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Officer Hansen
$ ________
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Officer Smith
$ ________
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Please answer the next question.
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CLAIM 3 – EXCESSIVE FORCE AFTER HANDCUFFING
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7. As to Claim 3, has plaintiff Mario Torres proven by a preponderance of the evidence that
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defendant Michael Hansen used excessive force against him inside the apartment after
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plaintiff was handcuffed?
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Yes ________
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No ________
United States District Court
Northern District of California
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If your answer was “no,” please skip to Question 10. Otherwise, please answer the next
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question.
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8. As to Claim 3, has plaintiff Mario Torres proven by a preponderance of the evidence that
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defendant Michael Hansen caused him injury, damage or harm?
Yes ________
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No ________
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If your answer to this question was “no,” you must award nominal damages of $1, and then
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skip to Question 10. Nominal damages: $_____________
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If your answer to this question was “yes,” please answer the next question.
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9. As to Claim 3, state the amount of compensatory damages proved by plaintiff Mario
Torres.
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Officer Hansen
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Please go to the next question.
$ ________
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PUNITIVE DAMAGES
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If you answered “no” to all of the previous questions, do not consider any of the
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remaining questions and go to the end of the verdict form. Please have the jury
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foreperson sign and date the form, and return it to the courtroom deputy. If you answered
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“yes” to any part of Question 1, 4 or 7, please answer the next question.
United States District Court
Northern District of California
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10. Has plaintiff Mario Torres proven by a preponderance of the evidence that defendants’
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conduct was malicious, oppressive or committed in reckless disregard of his
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constitutional rights?
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Officer Hansen
Yes ________
No ________
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Officer Smith
Yes ________
No ________
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If you answered “no” to this question, skip Question 11 and go to the end of the verdict form.
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Please have the jury foreperson sign and date the form, and return it to the courtroom deputy.
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If you answered “yes” to this question, please answer Question 11.
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11. State the amount of punitive damages that you award.
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Officer Hansen
$ ________
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Officer Smith
$ ________
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Please have the foreperson sign and date the form.
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Dated: __________________
___________________________
Foreperson
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