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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 12 13 14 15 ISRAEL TORRES, Plaintiff, v. CITY OF SANTA CLARA and TONY PARKER, Defendants. ) ) ) ) ) ) ) ) ) ) 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Case No. 5:13-cv-01475-PSG VERDICT FORM Case No. 5:13-cv-01475-PSG VERDICT FORM VERDICT FORM 1 2 Part A. LIABILITY 3 Section 1983 Claim – Excessive Force 4 1. Did Tony Parker use excessive force against Israel Torres? 5 6 ___________ Yes ___________ No 7 Section 1983 Claim – False Arrest 8 2. Did Parker arrest Torres without probable cause to believe that Torres committed a criminal offense? 9 United States District Court For the Northern District of California 10 ___________ Yes ___________ No 11 12 13 14 15 16 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 17 18 19 20 21 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 22 Please proceed to Question 5. 23 ___________ No Battery Claim 24 25 26 27 5. Did Torres prove that Parker committed a battery against him? ___________ Yes ___________ No Please proceed to Question 6. 28 2 Case No. 5:13-cv-01475-PSG VERDICT FORM 1 2 False Arrest/False Imprisonment Claim 6. Did Parker arrest Torres without reasonable cause to believe that Torres had committed a crime? 3 4 5 6 7 8 ___________ 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 9 United States District Court For the Northern District of California 10 Please proceed to Question 8. 11 Negligence Claim 12 8. Was Parker negligent? 13 14 15 16 ___________ 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? 17 18 19 20 21 22 ___________ 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 23 24 25 26 27 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 28 3 Case No. 5:13-cv-01475-PSG VERDICT FORM 1 2 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: 3 Parker: _____% 4 Torres: _____% 5 TOTAL: _100_% 6 7 8 9 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 10 11 12 13 14 15 16 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? 17 18 19 20 21 22 23 ___________ 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? $________________ 24 25 Dated: ___________________ _________________________________ PRESIDING JUROR 26 27 28 After this verdict form has been signed and dated, notify the court that you are ready to present your verdict in the courtroom. 4 Case No. 5:13-cv-01475-PSG VERDICT FORM

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