Binkovich et al v. Barthelmy et al

Filing 59

PROPOSED VERDICT FORM. Signed by Judge Paul S. Grewal on April 18, 2014. (psglc3S, COURT STAFF) (Filed on 4/18/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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ALEKSANDR BINKOVICH,

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Plaintiff,
v.
OFFICER BARTHELMY, et al.,
Defendants.

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Case No. 5:11-cv-03774-PSG
[PROPOSED] VERDICT FORM

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IT IS SO ORDERED.

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Date: April 18, 2014

____________________________
Paul S. Grewal
United States Magistrate Judge

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Case No. 5:11-cv-03774-PSG
[PROPOSED] VERDICT FORM

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SECTION 1: 42 U.S.C. § 1983
VIOLATION OF FOURTH AMENDMENT – UNREASONABLE SEIZURE WITHOUT PROBABLE CAUSE
We, the jury, unanimously answer the Questions submitted to us as follows:

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1-A. Did any individual defendant intentionally seize Aleksandr Binkovich?
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i. Bruce Barthelemy:

Yes _____ No _____

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ii. Louis Grondahl:

Yes _____ No _____

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iii. Michael Panighetti:

Yes _____ No _____

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iv. Terry Craig:

Yes _____ No _____

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v. Jason Bollendorf:

Yes _____ No _____

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United States District Court
For the Northern District of California

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If your answer to Question 1-A as to any defendant is “Yes,” then answer Question 1-B for that
defendant but for no others.
If you answered “No” to all defendants, go to Section 2.
1-B. Did the defendant have a reasonable suspicion that Binkovich was engaged in
cccccccccccriminal conduct?
i. Bruce Barthelemy:

Yes _____ No _____

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ii. Louis Grondahl:

Yes _____ No _____

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iii. Michael Panighetti:

Yes _____ No _____

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iv. Terry Craig:

Yes _____ No _____

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v. Jason Bollendorf:

Yes _____ No _____

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If your answer to Question 1-B as to any defendant is “Yes,” then answer Question 1-C.
If you answered “No” to all defendants, go to Section 2.
1-C. Was either the length or the scope of the seizure unreasonable?
Yes _____ No _____
GO TO SECTION 2.

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Case No. 5:11-cv-03774-PSG
[PROPOSED] VERDICT FORM

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SECTION 2: 42 U.S.C. § 1983
VIOLATION OF FOURTH AMENDMENT – EXCESSIVE FORCE BY INDIVIDUAL DEFENDANTS
We, the jury, unanimously answer the Questions submitted to us as follows:

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2-A. Did any defendant use excessive force against Binkovich?
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i. Bruce Barthelemy:

Yes _____ No _____

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ii. Louis Grondahl:

Yes _____ No _____

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iii. Michael Panighetti:

Yes _____ No _____

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iv. Terry Craig:

Yes _____ No _____

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v. Jason Bollendorf:

Yes _____ No _____

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United States District Court
For the Northern District of California

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If your answer to Question 2-A as to any defendant is “Yes,” then answer Question 2-B for that
defendant but for no others.
If you answered “No” to all defendants, go to Section 3.
2-B. Was Binkovich harmed by any defendant’s excessive force?
i. Bruce Barthelemy:

Yes _____ No _____

ii. Louis Grondahl:

Yes _____ No _____

iii. Michael Panighetti:

Yes _____ No _____

iv. Terry Craig:

Yes _____ No _____

v. Jason Bollendorf:

Yes _____ No _____

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If your answer to Question 2-B as to any defendant is “Yes,” then answer Question 2-C.
If you answered “No” to all defendants, go to Section 3.
2-C. Was any defendant’s conduct a substantial factor in causing harm to Binkovich?

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i. Bruce Barthelemy:

Yes _____ No _____

ii. Louis Grondahl:

Yes _____ No _____

iii. Michael Panighetti:

Yes _____ No _____

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iv. Terry Craig:

Yes _____ No _____

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v. Jason Bollendorf:

Yes _____ No _____

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GO TO SECTION 3.

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Case No. 5:11-cv-03774-PSG
[PROPOSED] VERDICT FORM

SECTION 3: 42 U.S.C. § 1983
PUBLIC ENTITY LIABILITY – POLICY, PRACTICE, OR CUSTOM

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We, the jury, unanimously answer the Questions submitted to us as follows:

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3-A. We, the jury, have answered Yes” to one or more subparts of the following questions:
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United States District Court
For the Northern District of California

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i.

_______ Question 1-C (§ 1983 – Unreasonable Seizure)

ii.

_______ Question 2-C (§ 1983 – Excessive Force)

If you checked any question under Question 3-A, then answer Question 3-B.
If not, stop here, answer no further questions, and have the foreperson sign and date this
form.
3-B. In seizing and/or using excessive force against Binkovich, was any defendant acting
cccccccccipursuant to an expressly adopted official policy or longstanding practice or custom of
cccccccccithe City of San Jose?
Yes _____ No _____
If your answer to Question 3-B is “Yes,” then answer Question 3-C.
If your answer to Question 3-B is “No,” go to Section 4.
3-C. Was the City of San Jose’s policy or custom the moving force behind a deprivation of
Binkovich’ Fourth Amendment rights?
Yes _____ No _____

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GO TO SECTION 4.
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Case No. 5:11-cv-03774-PSG
[PROPOSED] VERDICT FORM

SECTION 4: DAMAGES

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We, the jury, unanimously answer the Questions submitted to us as follows:
4-A. What is the total amount of damages, if any, suffered by Binkovich? Do not award
duplicate damages for the same harm suffered from multiple claims.

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$ __________________
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United States District Court
For the Northern District of California

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4-B. Did Binkovich use reasonable efforts to mitigate his damages?
Yes _____ No _____
If your answer to Question 4-B is “No,” then answer Question 4-C.
If your answer to Question 4-B is “Yes,” go to Question 4-D.
4-C. How much of Binkovich’ damages could have been mitigated by Binkovich’ reasonable
efforts?
$ __________________
4-D. We, the jury, have answered “Yes” to one or more of the following questions with
respect to the following defendants:
i. Question 1-C (§ 1983 – Unreasonable Seizure)

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_____ Bruce Barthelemy

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_____ Louis Grondahl

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_____ Michael Panighetti

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_____ Terry Craig

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_____ Jason Bollendorf

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ii. Question 2-C (§ 1983 – Excessive Force)
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_____ Bruce Barthelemy

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_____ Louis Grondahl

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_____ Michael Panighetti

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_____ Terry Craig

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_____ Jason Bollendorf

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Case No. 5:11-cv-03774-PSG
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If you checked any question for any defendant under Question 4-D, go to Question 4-E and answer
as to each of the officers whom you checked.
If not, stop here, answer no further questions, and have the foreperson sign and date this
form.
4-E. Did the officer(s) engage in malice, oppression, or in reckless disregard of Binkovich’
rights with respect to any of the claims that you checked in Question 4-D?
i. Bruce Barthelemy:

Yes _____ No _____

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ii. Louis Grondahl:

Yes _____ No _____

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iii. Michael Panighetti:

Yes _____ No _____

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iv. Terry Craig:

Yes _____ No _____

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v. Jason Bollendorf:

Yes _____ No _____

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United States District Court
For the Northern District of California

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If you checked “Yes” for any defendant under Question 4-E, then answer Question 4-F as to that
defendant only.
If not, stop here, answer no further questions, and have the foreperson sign and date this
form.
4-F. What amount, if any, do you award in punitive damages?
Bruce Barthelemy:

$ __________________

Louis Grondahl:

$ __________________

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Michael Panighetti:

$ __________________

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Terry Craig:

$ __________________

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Jason Bollendorf:

$ __________________

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Have the foreperson sign and date this form.

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Signed: _________________________________ Dated: _________________

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Case No. 5:11-cv-03774-PSG
[PROPOSED] VERDICT FORM