Navarro v. Sterkel et al

Filing 67

REVISED FINAL JURY INSTRUCTIONS [ANNOTATED]. Signed by Judge Lucy H. Koh on 11/2/2012. (lhklc2, COURT STAFF) (Filed on 11/2/2012)

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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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JON DERRICK NAVARRO,

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Plaintiff,
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v.
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OFFICERS BRYAN STERKEL, CHRIS BELL, )
and MIKE GARCIA,
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Defendants.
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Case No.: 5:11-CV-01700-LHK

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FINAL JURY INSTRUCTIONS [ANNOTATED]

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Dated: November 2, 2012

_______________________________
LUCY H. KOH
United States District Judge

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INSTRUCTION NO. 1
DUTY OF JURY

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Members of the Jury: Now that you have heard all of the evidence it is my duty to instruct you as
to the law of the case.
A copy of these instructions will be sent with you to the jury room when you deliberate.
You must not infer from these instructions or from anything I may say or do as indicating that I
have an opinion regarding the evidence or what your verdict should be.

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United States District Court
For the Northern District of California

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It is your duty to find the facts from all the evidence in the case. To those facts you will apply the
law as I give it to you. You must follow the law as I give it to you whether you agree with it or
not. And you must not be influenced by any personal likes or dislikes, opinions, prejudices, or
sympathy. That means that you must decide the case solely on the evidence before you. You will
recall that you took an oath to do so.
In following my instructions, you must follow all of them and not single out some and ignore
others; they are all important.
Source: Ninth Circuit Model Civil Jury Instructions - 1.1A (2007 Edition)

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INSTRUCTION NO. 2
BURDEN OF PROOF -- PREPONDERANCE OF THE EVIDENCE

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When a party has the burden of proof on any claim by a preponderance of the evidence, it means
you must be persuaded by the evidence that the claim is more probably true than not true.
You should base your decision on all of the evidence, regardless of which party presented it.

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Source: Ninth Circuit Model Civil Jury Instructions - 1.3 (2007 Edition)

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United States District Court
For the Northern District of California

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INSTRUCTION NO. 3
BURDEN OF PROOF -- CLEAR AND CONVINCING EVIDENCE

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When a party has the burden of proving any claim or defense by clear and convincing evidence, it
means you must be persuaded by the evidence that the claim or defense is highly probable. This is
a higher standard of proof than proof by a preponderance of the evidence.
You should base your decision on all of the evidence, regardless of which party presented it.

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Source: Ninth Circuit Model Civil Jury Instructions - 1.4 (2007 Edition)

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United States District Court
For the Northern District of California

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INSTRUCTION NO. 4
TWO OR MORE PARTIES -- DIFFERENT LEGAL RIGHTS

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You should decide the case as to each party separately. Unless otherwise stated, the instructions
apply to all parties.

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Source: Ninth Circuit Model Civil Jury Instructions – 1.5 (2007 Edition)

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United States District Court
For the Northern District of California

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INSTRUCTION NO. 5
WHAT IS EVIDENCE

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The evidence you are to consider in deciding what the facts are consists of:
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1. The sworn testimony of any witness;

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2. The exhibits which are received into evidence; and

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3. Any facts to which the lawyers have agreed.

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Source: Ninth Circuit Model Civil Jury Instructions - 1.6 (2007 Edition)

United States District Court
For the Northern District of California

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INSTRUCTION NO. 6
WHAT IS NOT EVIDENCE

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In reaching your verdict, you may consider only the testimony and exhibits received into evidence.
Certain things are not evidence, and you may not consider them in deciding what the facts are. I
will list them for you:
1. Arguments and statements by lawyers are not evidence. The lawyers are not witnesses. What
they have said in their opening statements, will say in their closing arguments, and at other times is
intended to help you interpret the evidence, but it is not evidence. If the facts as you remember
them differ from the way the lawyers have stated them, your memory of them controls.

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United States District Court
For the Northern District of California

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2. Questions and objections by lawyers are not evidence. Attorneys have a duty to their clients to
object when they believe a question is improper under the rules of evidence. You should not be
influenced by the objection or by the court’s ruling on it.
3. Testimony that has been excluded or stricken, or that you have been instructed to disregard, is
not evidence and must not be considered. In addition sometimes testimony and exhibits are
received only for a limited purpose; when I have given a limiting instruction, you must follow it.
4. Anything you may have seen or heard when the court was not in session is not evidence. You
are to decide the case solely on the evidence received at the trial.

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Source: Ninth Circuit Model Civil Jury Instructions - 1.7 (2007 Edition)

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INSTRUCTION NO. 7
DIRECT AND CIRCUMSTANTIAL EVIDENCE

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Evidence may be direct or circumstantial. Direct evidence is direct proof of a fact, such as
testimony by a witness about what that witness personally saw or heard or did. Circumstantial
evidence is proof of one or more facts from which you could find another fact. You should
consider both kinds of evidence. The law makes no distinction between the weight to be given to
either direct or circumstantial evidence. It is for you to decide how much weight to give to any
evidence.

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Source: Ninth Circuit Model Civil Jury Instructions – 1.9 (2007 Edition)

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United States District Court
For the Northern District of California

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INSTRUCTION NO. 8
STIPULATIONS OF FACT

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The parties have agreed to certain facts that have been read to you. You should therefore treat
these facts as having been proved.

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Source: Ninth Circuit Model Civil Jury Instructions – 2.2 (2007 Edition)

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United States District Court
For the Northern District of California

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INSTRUCTION NO. 9
SECTION 1983 CLAIM - INTRODUCTORY INSTRUCTION

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The plaintiff brings his claims under the federal statute, 42 U.S.C. § 1983, which provides that any
person or persons who, under color of law, deprives another of any rights, privileges, or immunities
secured by the Constitution or laws of the United States shall be liable to the injured party.

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Source: Ninth Circuit Model Civil Jury Instructions – 9.1 (2007 Edition)

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United States District Court
For the Northern District of California

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INSTRUCTION NO. 10
VIOLATION OF FEDERAL CIVIL RIGHTS -- ELEMENTS AND BURDEN OF PROOF
(42 U.S.C. § 1983)
In order to prevail on his § 1983 claims against the defendants, the plaintiff must prove each of the
following elements by a preponderance of the evidence:
1. The defendants acted under color of law; and
2. The acts of the defendants deprived the plaintiff of his particular rights under the United States
Constitution, as explained in later instructions.

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United States District Court
For the Northern District of California

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A person acts “under color of law” when the person acts or purports to act in the performance of
official duties under any state, county, or municipal law, ordinance, or regulation. The parties have
stipulated that the defendants acted under color of law.
If you find the plaintiff has proved each of these elements, and if you find that the plaintiff have
proved all of the elements he is required to prove under Instruction Nos. 9 and 10, your verdict
should be for the plaintiff. If, on the other hand, the plaintiff has failed to prove any one or more of
these elements, your verdict should be for the defendants.

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Source: Ninth Circuit Model Civil Jury Instructions – 9.2 (2007 Edition)

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INSTRUCTION NO. 11
CAUSATION

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In order to establish that the acts of the defendants deprived the plaintiff of his particular rights
under the United States Constitution as explained in later instructions, the plaintiffs must prove by
a preponderance of the evidence that the acts were so closely related to the deprivation of the
plaintiff’s rights as to be the moving force that caused the ultimate injury.

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Source: Ninth Circuit Model Civil Jury Instructions – 9.8 (2007 Edition)

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For the Northern District of California

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INSTRUCTION NO. 12
PARTICULAR RIGHTS -- FOURTH AMENDMENT –
UNREASONABLE SEIZURE OF PERSON –
EXCESSIVE (DEADLY AND NONDEADLY) FORCE

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In general, a seizure of a person is unreasonable under the Fourth Amendment if a police officer
uses excessive force in making an arrest or detaining a person. Thus, in order to prove an
unreasonable seizure in this case, the plaintiff must prove by a preponderance of the evidence that
the officers used excessive force in their detention and arrest of plaintiff.

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United States District Court
For the Northern District of California

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Under the Fourth Amendment, a police officer may only use such force as is objectively reasonable
under all of the circumstances. In other words, you must judge the reasonableness of a particular
use of force from the perspective of a reasonable officer on the scene and not with the 20/20 vision
of hindsight.

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In determining whether the officer(s) used excessive force in this case, consider all of the
circumstances known to the officer(s) on the scene, including:

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1. The severity of the crime or other circumstances to which the officer(s) were responding;

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2. Whether the plaintiff posed an immediate threat to the safety of the officer(s) or to others;

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3. Whether the plaintiff was actively resisting arrest or attempting to evade arrest by flight;

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4. The amount of time and any changing circumstances during which the officer(s) had to
determine the type and amount of force that appeared to be necessary;
5. The type and amount of force used; and
6. The availability of alternative methods to detain or arrest plaintiff.

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Source: Ninth Circuit Model Civil Jury Instructions – 9.22 (2007 Edition)
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INSTRUCTION NO. 13
DAMAGES -- PROOF

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It is the duty of the Court to instruct you about the measure of damages. By instructing you on
damages, the Court does not mean to suggest for which party your verdict should be rendered.
If you find for the plaintiff on his claim, you must determine the plaintiff’s damages. The plaintiff
has the burden of proving damages by a preponderance of the evidence. Damages means the
amount of money that will reasonably and fairly compensate the plaintiff for any injury you find
was caused by the defendant(s). These damages are called compensatory damages. You should
consider the following:

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For the Northern District of California

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1. The nature and extent of the injuries; and
2. The mental, physical, and emotional pain and suffering experienced to the present time;
3. The mental, physical, and emotional pain and suffering that will be experienced in the future
with reasonable probability;

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4. The reasonable value of necessary medical care, treatment, and services received to the present
time;

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5. The reasonable value of necessary medical care, treatment, and services which with reasonable
probability will be required in the future.

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It is for you to determine what damages, if any, have been proved.

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Your award must be based upon evidence and not upon speculation, guesswork or conjecture.

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Source: Ninth Circuit Model Civil Jury Instructions – 5.1 (2007 Edition)

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INSTRUCTION NO. 14
PUNITIVE DAMAGES

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If you find for the plaintiff, you may, but are not required to, award punitive damages. The
purposes of punitive damages are to punish a defendant and to deter similar acts in the future.
Punitive damages may not be awarded to compensate a plaintiff.
The plaintiff has the burden of proving by clear and convincing evidence that punitive damages
should be awarded, and, if so, the amount of any such damages.

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You may award punitive damages only if you find that the defendant’s conduct that harmed the
plaintiff was malicious, oppressive or in reckless disregard of the plaintiff’s rights. Conduct is
malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
Conduct is in reckless disregard of the plaintiff’s rights if, under the circumstances, it reflects
complete indifference to the plaintiff’s safety or rights, or if the defendant acts in the face of a
perceived risk that its actions will violate the plaintiff’s rights under federal law. An act or
omission is oppressive if the defendant injures or damages or otherwise violates the rights of the
plaintiff with unnecessary harshness or severity, such as by the misuse or abuse of authority or
power or by the taking advantage of some weakness or disability or misfortune of the plaintiff.
If you find that punitive damages are appropriate, you must use reason in setting the amount.
Punitive damages, if any, should be in an amount sufficient to fulfill their purposes but should not
reflect bias, prejudice or sympathy toward any party. In considering the amount of any punitive
damages, consider the degree of reprehensibility of the defendant’s conduct.
In addition, you may consider the relationship of any award of punitive damages to any actual
harm inflicted on the plaintiff.
You may impose punitive damages against one or more of the defendants and not others, and may
award different amounts against different defendants. Punitive damages may be awarded even if
you award plaintiff only nominal, and not compensatory, damages.

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Source: Ninth Circuit Model Civil Jury Instructions – 5.5 (2007 Edition)

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INSTRUCTION NO. 15
NOMINAL DAMAGES

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The law which applies to this case authorizes an award of nominal damages. If you find for the
plaintiff but you find that the plaintiff has failed to prove damages as defined in these instructions,
you must award nominal damages. Nominal damages may not exceed one dollar.

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Source: Ninth Circuit Model Civil Jury Instructions – 5.6 (2007 Edition)

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INSTRUCTION NO. 16
DUTY TO DELIBERATE

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United States District Court
For the Northern District of California

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When you begin your deliberations, you should elect one member of the jury as your presiding
juror. That person will preside over the deliberations and speak for you here in court.
You will then discuss the case with your fellow jurors to reach agreement if you can do so. Your
verdict must be unanimous.
Each of you must decide the case for yourself, but you should do so only after you have considered
all of the evidence, discussed it fully with the other jurors, and listened to the views of your fellow
jurors.
Do not hesitate to change your opinion if the discussion persuades you that you should. Do not
come to a decision simply because other jurors think it is right.
It is important that you attempt to reach a unanimous verdict but, of course, only if each of you can
do so after having made your own conscientious decision. Do not change an honest belief about
the weight and effect of the evidence simply to reach a verdict.

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Source: Ninth Circuit Model Civil Jury Instructions – 3.1 (2007 Edition)

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INSTRUCTION NO. 17
COMMUNICATION WITH COURT

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If it becomes necessary during your deliberations to communicate with me, you may send a note
through the bailiff, signed by your presiding juror or by one or more members of the jury. No
member of the jury should ever attempt to communicate with me except by a signed writing; I will
communicate with any member of the jury on anything concerning the case only in writing, or here
in open court. If you send out a question, I will consult with the parties before answering it, which
may take some time. You may continue your deliberations while waiting for the answer to any
question. Remember that you are not to tell anyone--including me--how the jury stands,
numerically or otherwise, until after you have reached a unanimous verdict or have been
discharged. Do not disclose any vote count in any note to the court.

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United States District Court
For the Northern District of California

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Source: Ninth Circuit Model Civil Jury Instructions – 3.2 (2007 Edition)

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INSTRUCTION NO. 18
RETURN OF VERDICT

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A verdict form has been prepared for you. After you have reached unanimous agreement on a
verdict, your presiding juror will fill in the form that has been given to you, sign and date it, and
advise the court that you are ready to return to the courtroom.

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Source: Ninth Circuit Model Civil Jury Instructions – 3.3 (2007 Edition)

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