Marker v. City of San Jose et al

Filing 125

JURY VERDICT FORM. Signed by Judge Ronald M Whyte on 8/21/2014. (rmwlc2, COURT STAFF) (Filed on 8/21/2014)

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UNITED STATES DISTRICT COURT

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United States District Court
For the Northern District of California

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MERCEDES MARKER,

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Case No. C-09-05956-RMW

Plaintiff,
JURY VERDICT FORM

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v.

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CITY OF SAN JOSE AND SON VU,

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Defendants.

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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

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a.

First Amendment (Jury Instruction Nos. 8 & 9)

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________

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United States District Court
For the Northern District of California

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b.

Fourth Amendment (Jury Instruction Nos. 8, 10, & 14)

Did defendant Officer Vu violate plaintiff Marker’s right to be free from an unreasonable
use of force?
Yes ________

No________

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II. State Claims

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a.

Civil Rights Claim (Jury Instruction No. 11)

Did defendant Officer Vu violate plaintiff Marker’s rights under California state law by
interfering or attempting to interfere, by threats, intimidation or coercion, with the exercise
or enjoyment by plaintiff Marker of a constitutional right?
Yes ________

No________

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b.

False Imprisonment (Jury Instruction Nos. 12, 14, & 15)

Did defendant Officer Vu falsely imprison plaintiff Marker?
Yes ________

No________

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c.

Battery (Jury Instruction Nos. 13, 14, & 15)

Did defendant Officer Vu commit a civil battery against plaintiff Marker?
Yes ________

No________
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If you have answered one or more of the previous questions “yes”, continue with Part III. If
you have answered all of the previous questions “no”, go directly to Part IV.
III. Damages (If Applicable)

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a.

Actual Damages (Jury Instruction Nos. 17 & 18)

What do you find to be the total amount of any actual damages suffered by plaintiff Marker
caused by the conduct on which you base your finding of liability?
Answer:

$ _________________

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United States District Court
For the Northern District of California

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b.

Additional Damages (Jury Instruction Nos. 11 & 17)

If you found that Officer Vu violated Ms. Marker’s civil rights under California state law in
question II(a), you may, in your discretion, award an additional amount of up to three times
the amount of the actual damages you determined above. What amount, if any, do you award
in additional damages?
Answer:

$ _________________

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IV. Review and Execution of Verdict Form
You have now reached the end of the verdict form and should review it to ensure it
accurately reflects your unanimous determinations. The jury foreperson should sign and date the
Verdict Form and advise the Security Officer you have reached a verdict.

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SIGNED this _______ day of _____________, 2014.

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______________________________________
Jury Foreperson

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