Ontiveros v. Hayward Police Department
Filing
136
VERDICT FORM. (cwlc3, COURT STAFF) (Filed on 4/29/2011)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ERIC J. ONTIVEROS,
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Plaintiff,
United States District Court
For the Northern District of California
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No. 06-cv-02122 CW
VERDICT FORM
v.
BRYAN MATTHEWS and DAVID W. DORN,
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Defendants.
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We, the jury, in the above-entitled action, find the following
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verdict on the following questions submitted to us:
CIVIL RIGHTS CLAIMS
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1.
Did Plaintiff prove by a preponderance of the evidence that
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Defendant Matthews violated his Fourth Amendment rights by
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unreasonably shooting him?
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Yes ____
No ____
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If you answered Yes to Question 1, answer Question 2 and 3.
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Otherwise, proceed to Question 4.
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2.
What do you find to be the amount of compensatory damages, if
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any, proven by a preponderance of the evidence that Plaintiff
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suffered due to violation of his civil rights by being shot by
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Defendant Matthews?
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Damages $__________________
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If your answer to question is $0, nominal damages of one
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dollar will be awarded.
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3.
Did Defendant Matthews prove by a preponderance of the
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evidence he shot Plaintiff because he believed his supervisor
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had issued a reasonable order that he do so?
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Yes ____
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4.
No ____
Did Plaintiff prove by a preponderance of the evidence that
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Defendant Matthews violated his Fourth Amendment rights by
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using unreasonable force against him, other than by shooting
United States District Court
For the Northern District of California
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him?
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Yes ____
No ____
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If you answered Yes to Question 4, answer Question 5.
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proceed to Question 6.
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5.
Otherwise,
What do you find to be the amount of compensatory damages, if
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any, proven by a preponderance of the evidence that Plaintiff
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suffered due to violation of his civil rights by Defendant
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Matthews’ use of excessive force other than by shooting him?
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Damages $__________________
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If your answer to question is $0, nominal damages of one
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dollar will be awarded.
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6.
Did Plaintiff prove by a preponderance of the evidence that
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Defendant Dorn violated his Fourth Amendment rights by using
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unreasonable force against him?
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Yes ____
No ____
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If you answered Yes to Question 6, answer Question 7.
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proceed to Question 8.
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7.
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Otherwise,
What do you find to be the amount of compensatory damages, if
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any, proven by a preponderance of the evidence that Plaintiff
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suffered due to violation of his civil rights by Defendant
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Dorn?
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Damages $__________________
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If your answer to question is $0, nominal damages of one
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dollar will be awarded.
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8.
Do you find by a preponderance of the evidence that an award
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of punitive damages is appropriate against either or both
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Defendants for violating Plaintiff’s civil rights?
United States District Court
For the Northern District of California
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enter the amount.
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Defendant BRYAN MATTHEWS
If yes,
Yes_____
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No _____
Defendant DAVID W. DORN
Yes_____
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$ ____________
$ ____________
No _____
Please have the presiding juror sign, date and return this form.
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Signed:____________________
Presiding Juror
Date: ____________________
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