Ontiveros v. Hayward Police Department

Filing 136

VERDICT FORM. (cwlc3, COURT STAFF) (Filed on 4/29/2011)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 ERIC J. ONTIVEROS, 9 Plaintiff, United States District Court For the Northern District of California 10 11 No. 06-cv-02122 CW VERDICT FORM v. BRYAN MATTHEWS and DAVID W. DORN, 12 Defendants. / 13 14 We, the jury, in the above-entitled action, find the following 15 16 verdict on the following questions submitted to us: CIVIL RIGHTS CLAIMS 17 18 1. Did Plaintiff prove by a preponderance of the evidence that 19 Defendant Matthews violated his Fourth Amendment rights by 20 unreasonably shooting him? 21 Yes ____ No ____ 22 If you answered Yes to Question 1, answer Question 2 and 3. 23 Otherwise, proceed to Question 4. 24 2. What do you find to be the amount of compensatory damages, if 25 any, proven by a preponderance of the evidence that Plaintiff 26 suffered due to violation of his civil rights by being shot by 27 Defendant Matthews? 28 Damages $__________________ 1 If your answer to question is $0, nominal damages of one 2 dollar will be awarded. 3 3. Did Defendant Matthews prove by a preponderance of the 4 evidence he shot Plaintiff because he believed his supervisor 5 had issued a reasonable order that he do so? 6 Yes ____ 7 4. No ____ Did Plaintiff prove by a preponderance of the evidence that 8 Defendant Matthews violated his Fourth Amendment rights by 9 using unreasonable force against him, other than by shooting United States District Court For the Northern District of California 10 him? 11 Yes ____ No ____ 12 If you answered Yes to Question 4, answer Question 5. 13 proceed to Question 6. 14 5. Otherwise, What do you find to be the amount of compensatory damages, if 15 any, proven by a preponderance of the evidence that Plaintiff 16 suffered due to violation of his civil rights by Defendant 17 Matthews’ use of excessive force other than by shooting him? 18 Damages $__________________ 19 If your answer to question is $0, nominal damages of one 20 dollar will be awarded. 21 6. Did Plaintiff prove by a preponderance of the evidence that 22 Defendant Dorn violated his Fourth Amendment rights by using 23 unreasonable force against him? 24 Yes ____ No ____ 25 If you answered Yes to Question 6, answer Question 7. 26 proceed to Question 8. 27 7. 28 Otherwise, What do you find to be the amount of compensatory damages, if 2 1 any, proven by a preponderance of the evidence that Plaintiff 2 suffered due to violation of his civil rights by Defendant 3 Dorn? 4 Damages $__________________ 5 If your answer to question is $0, nominal damages of one 6 dollar will be awarded. 7 8. Do you find by a preponderance of the evidence that an award 8 of punitive damages is appropriate against either or both 9 Defendants for violating Plaintiff’s civil rights? United States District Court For the Northern District of California 10 enter the amount. 11 Defendant BRYAN MATTHEWS If yes, Yes_____ 12 13 No _____ Defendant DAVID W. DORN Yes_____ 14 15 $ ____________ $ ____________ No _____ Please have the presiding juror sign, date and return this form. 16 17 Signed:____________________ Presiding Juror Date: ____________________ 18 19 20 21 22 23 24 25 26 27 28 3

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