Marker v. City of San Jose et al

Filing 121

DRAFT JURY VERDICT FORM. Signed by Judge Ronald M Whyte on 8/19/2014. (rmwlc2, COURT STAFF) (Filed on 8/19/2014)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 10 United States District Court For the Northern District of California 9 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 MERCEDES MARKER, 13 Case No. C-09-05956-RMW Plaintiff, DRAFT JURY VERDICT FORM 14 v. 15 CITY OF SAN JOSE AND SON VU, 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 -1- 1 2 3 We, the jury, unanimously agree to the answers to the following questions and return them under the instructions of this Court as the verdict in this case: I. Federal Civil Rights 4 5 6 7 8 a. First Amendment Did defendant Officer Vu violate plaintiff Marker’s right to be free from a violation of her First Amendment rights of free speech and expression? Yes ________ No________ 9 United States District Court For the Northern District of California 10 11 12 13 b. Fourth Amendment Did defendant Officer Vu violate plaintiff Marker’s right to be free from an unreasonable use of force? Yes ________ No________ 14 II. State Claims 15 a. 16 Did defendant Officer Vu violate plaintiff Marker’s rights under California state law by 17 interfering or attempting to interfere, by threats, intimidation or coercion, with the exercise 18 or enjoyment by plaintiff Marker of a constitutional right? 19 Yes ________ Civil Rights Claim No________ 20 21 b. 22 Did defendant Officer Vu falsely imprison plaintiff Marker? 23 Yes ________ False Imprisonment No________ 24 25 c. 26 Did defendant Officer Vu commit a civil battery against plaintiff Marker? 27 Yes ________ Battery No________ 28 -2- 1 III. Damages (If Applicable) 2 What do you find to be the total amount of any damages suffered by plaintiff Marker 3 caused by the conduct on which you base your finding of liability? 4 Answer: $ _________________ 5 6 7 You have now reached the end of the verdict form and should review it to ensure it 8 accurately reflects your unanimous determinations. The jury foreperson should sign and date the 9 Verdict Form and return it to the Security Officer. United States District Court For the Northern District of California 10 11 SIGNED this _______ day of _____________, 2014. 12 13 14 ______________________________________ 15 Jury Foreperson 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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