Montiel v. Williams et al

Filing 124

SUPPLEMENTAL JURY INSTRUCTION. Signed by Judge Paul S. Grewal on June 17, 2013. (psglc2, COURT STAFF) (Filed on 6/17/2013)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

JERMAINE MONTIEL,
Plaintiff,
v.
CITY OF SAN JOSE, et al,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No.: C 07-5490 PSG

SUPPLEMENTAL JURY
INSTRUCTION

The jury is ordered to replace the current eighth page of the verdict form with the new
version of the page attached to this order. The attached page changes the punitive damages
instruction by replacing “fraud” with “reckless disregard of Plaintiff’s rights.”
IT IS SO ORDERED.
Dated: June 17, 2013

_________________________________
PAUL S. GREWAL
United States Magistrate Judge

Only answer Question 29 if you answered “Yes” to one or both officers in Questions 2
(Excessive Force Claim), 5 (Unreasonable Arrest Claim), 8 (Unreasonable Detention Claim), 12
(False Arrest Claim), 16 (Battery Claim), 18 (Delay of Medical Care Claim), or 19 (Bane Act
Claim).
29.

Did the officer(s) engage in malice, oppression, or in reckless disregard of Plaintiff’s
rights with respect to the listed claims for which you answered “Yes” above?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

If you answered “Yes” as to one or both officers, go to Question 30 and answer as to each of the
officers for whom you answered “Yes.” If not, stop here, answer no further questions, and have
the foreperson sign and date this form.
30. What amount, if any, do you award in punitive damages?
Officer Matt Williams $__________
Sergeant Carl Sheppard $__________
Have the foreperson sign and date this form.
Signed: _________________________________ Dated: _________________