Torres v. City of Santa Clara et al
Filing
89
VERDICT FORM Signed by Judge Paul S. Grewal on September 4, 2014 (psglc2, COURT STAFF) (Filed on 9/4/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
United States District Court
For the Northern District of California
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ISRAEL TORRES,
Plaintiff,
v.
CITY OF SANTA CLARA and
TONY PARKER,
Defendants.
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Case No. 5:13-cv-01475-PSG
VERDICT FORM
Case No. 5:13-cv-01475-PSG
VERDICT FORM
VERDICT FORM
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Part A.
LIABILITY
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Section 1983 Claim – Excessive Force
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1. Did Tony Parker use excessive force against Israel Torres?
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___________
Yes
___________
No
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Section 1983 Claim – False Arrest
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2. Did Parker arrest Torres without probable cause to believe that Torres committed
a criminal offense?
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United States District Court
For the Northern District of California
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___________
Yes
___________
No
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If your answer to either Question 1 or 2, or both, is “Yes,” then please proceed to Question 3. If
your answer to both Questions 1 and 2 is “No,” proceed directly to Question 5.
California Civil Code Section 52.1 (Bane Act) Claim
3. Did Parker use threats, intimidation, or coercion to interfere with Torres’ right to
be free from excessive force or his right to be free from false arrest?
___________
Yes
___________
No
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If your answer to Question 3 is “Yes,” then please proceed to Question 4. If your answer to
Question 3 is “No,” proceed directly to Question 5.
4. Was Parker’s conduct a substantial factor in causing harm to Torres?
___________
Yes
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Please proceed to Question 5.
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___________
No
Battery Claim
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5. Did Torres prove that Parker committed a battery against him?
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Yes
___________
No
Please proceed to Question 6.
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Case No. 5:13-cv-01475-PSG
VERDICT FORM
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False Arrest/False Imprisonment Claim
6. Did Parker arrest Torres without reasonable cause to believe that Torres had
committed a crime?
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___________
Yes
___________
No
If your answer to Question 6 is “Yes,” then please proceed to Question 7. If your answer to
Question 6 is “No,” proceed directly to Question 8.
7. Was Parker’s conduct a substantial factor in causing harm to Torres?
___________
Yes
___________
No
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United States District Court
For the Northern District of California
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Please proceed to Question 8.
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Negligence Claim
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8. Was Parker negligent?
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___________
Yes
___________
No
If your answer to Question 8 is “Yes,” then please proceed to Question 9. If your answer to
Question 8 is “No,” proceed directly to Part B.
9. Was Parker’s negligence a substantial factor in causing harm to Torres?
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___________
Yes
___________
No
If your answer to Question 9 is “Yes,” then please proceed to Question 10. If your answer to
Question 9 is “No,” proceed directly to Part B.
10. Was Torres negligent?
___________
Yes
___________
No
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If your answer to Question 10 is “Yes,” then please proceed to Question 11. If your answer to
Question 10 is “No,” proceed directly to Part B.
11. Was Torres’ negligence a substantial factor in causing his harm?
___________
Yes
___________
No
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Case No. 5:13-cv-01475-PSG
VERDICT FORM
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If your answer to Question 11 is “Yes,” then please proceed to Question 12. If your answer to
Question 11 is “No,” proceed directly to Part B.
12. What percentage of responsibility for Torres’ harm do you assign to:
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Parker:
_____%
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Torres:
_____%
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TOTAL:
_100_%
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Please proceed to Part B.
Part B.
DAMAGES
If you answered “Yes” to any or all of Questions 1, 2, 4, 5, 7 or 9, please answer the following
questions. Otherwise, stop here, answer no further questions, and have the foreperson sign and
date this form.
United States District Court
For the Northern District of California
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13. What is the total amount of damages, if any, suffered by Torres in each category
described below? Do not award duplicate damages for the same harm suffered
from multiple claims.
Medical Expenses:
$________________
Pain and Suffering:
$________________
Emotional Distress:
$________________
TOTAL:
$________________
14. Did Torres use reasonable efforts to mitigate his damages?
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___________
Yes
___________
No
If your answer to Question 14 is “No,” please proceed to Question 15. If your answer to Question
14 is “Yes,” stop here, answer no further questions, and have the foreperson sign and date this
form.
15. How much of Torres’ damages could have been mitigated by Torres’ reasonable
efforts?
$________________
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Dated: ___________________
_________________________________
PRESIDING JUROR
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After this verdict form has been signed and dated, notify the court that you are ready to present
your verdict in the courtroom.
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Case No. 5:13-cv-01475-PSG
VERDICT FORM
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