Juan Lucero, Jr. v. John Ettare, et al

Filing 109

ORDER Following Pretrial Conference. Signed by Judge Kandis A. Westmore on 6/7/2017. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (kawlc2, COURT STAFF) (Filed on 6/7/2017)

ATTACHMENT C

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

JUAN LUCERO, JR.,

Case No. 15-cv-02654-KAW

Plaintiff,
8
v.

VERDICT FORM

9
10

JOHN ETTARE, et al.,
Defendants.

United States District Court
Northern District of California

11
12
13
14
15
16

Unlawful Detention and Arrest Claim Against Defendant Ettare
1. Has Plaintiff Lucero proven by a preponderance of the evidence that he was arrested
without probable cause?
Yes

No

17
18
19
20
21

Excessive Force Claim Against Defendants Ettare and Howe
2. Has Plaintiff Lucero proven by a preponderance of the evidence that Defendant Ettare
used unreasonable, excessive force against Plaintiff Lucero at the time of his arrest?
Yes

No

22
23
24

3. Has Plaintiff Lucero proven by a preponderance of the evidence that Defendant Ettare
used unreasonable, excessive force against Plaintiff during his detention?

25
26
27
28

Yes

No

1
2

4. Has Plaintiff Lucero proven by a preponderance of the evidence that Defendant Howe
used unreasonable, excessive force against Plaintiff during his detention?

3
4

Yes

No

5
6

If you have answered "No" to Questions 1 through 4, then skip all the remaining questions

7

on this form, and sign and date the form below. If you have answered "Yes" to any of the

8

questions above, proceed to Question 5 below.

9
10

5. What amount do you award to Plaintiff Lucero as compensatory damages for economic

United States District Court
Northern District of California

11

and non-economic damages sustained by Plaintiff that was caused by the "Yes"

12

answers to the questions above?

13
14

Defendant Ettare

15

Defendant Howe

16
17

6. If you have answered "Yes" to Question 1, 2, or 3 above, did Plaintiff Lucero prove

18

that Defendant Ettare's conduct was malicious, oppressive, or in reckless disregard for

19

Plaintiff Lucero's constitutional rights?

20
21

Yes

No

22
23

7. If you have answered "Yes" to Question 4 above, did Plaintiff Lucero prove that

24

Defendant Howe's conduct was malicious, oppressive, or in reckless disregard for

25

Plaintiff Lucero's constitutional rights?

26
27

Yes

No

28
2

1

If you have answered "No" to Questions 6 and 7, then skip the remaining question on this

2

form, and sign and date the form below. If you have answered "Yes" to any of the questions

3

above, proceed to Question 8 below.

4
8. What amount, if any, do you award to Plaintiff Lucero as punitive damages?

5
6
7

Defendant Ettare

8

Defendant Howe

9
10

United States District Court
Northern District of California

11

Dated:
Presiding Juror

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3