Lam v. City Of San Jose et al

Filing 130

[PROPOSED] VERDICT FORM. Signed by Judge Paul S. Grewal on December 8, 2015 (psglc2, COURT STAFF) (Filed on 12/8/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HUNG LAM,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 14-cv-00877-PSG
[PROPOSED] VERDICT FORM

v.
CITY OF SAN JOSE, et al.,
Defendants.

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Case No. 14-cv-00877-PSG
[PROPOSED] VERDICT FORM

VERDICT FORM

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United States District Court
Northern District of California

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When answering the following questions and filling out this verdict form, please follow the
directions provided throughout the form. Your answer to each question must be unanimous.
Some of the questions contain legal terms that are defined and explained in detail in the jury
instructions. Please refer to the jury instructions if you are unsure about the meaning or usage of
any legal term that appears in the questions below.
We, the jury, unanimously agree to the answers to the following questions and return them
under the instructions of this Court as our verdict in this case.
1. Do you find by a preponderance of the evidence that Defendant Officer Dondi West
used unreasonable force against Plaintiff Hung Lam?
Yes _____ No _____
If you answered “Yes,” then answer the next question. If you answered “No,” then
proceed to Question 3.
2. Do you find by a preponderance of the evidence that Officer West substantially caused
Mr. Lam to suffer any injury caused by Officer West’s unreasonable force in Question
1 above?
Yes _____ No _____

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Proceed to the next question.

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3. Do you find by a preponderance of the evidence that Officer West battered Mr. Lam?

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Yes _____ No _____

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Proceed to the next question.

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4. Do you find by a preponderance of the evidence that Officer West interfered or
attempted to interfere by threat, intimidation or coercion with the exercise or
enjoyment by Mr. Lam of rights secured by the Constitution, the laws of the United
States or the laws of California, causing harm to Mr. Lam?

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Yes _____ No _____
Proceed to the next question.
5. Do you find by a preponderance of the evidence that Officer West was negligent in her
conduct, thereby causing the shooting of Mr. Lam?
Yes _____ No _____
If you answered “Yes,” then answer the next question. If you answered “No,” stop
here, answer no further questions and proceed to page 4.

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Case No. 14-cv-00877-PSG
[PROPOSED] VERDICT FORM

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United States District Court
Northern District of California

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6. Do you find by a preponderance of the evidence that Officer West’s negligence was a
substantial factor in causing harm to Mr. Lam?
Yes _____ No _____
If you answered “Yes,” then answer the next question. If you answered “No,” stop
here, answer no further questions and proceed to page 4.
7. Do you find by a preponderance of the evidence that Mr. Lam was negligent?
Yes _____ No _____
If you answered “Yes,” then answer the next question. If you answered “No,” stop
here, answer no further questions and proceed to page 4.
8. Do you find by a preponderance of the evidence that Mr. Lam’s negligence was a
substantial factor in causing his harm?
Yes _____ No _____
If you answered “Yes,” then answer the next question. If you answered “No,” stop
here, answer no further questions and proceed to page 4.
9. What percentage of responsibility for Mr. Lam’s harm do you assign to the following:

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Officer West

_____________

%

Mr. Lam

_____________

%

TOTAL

100 %

Proceed to the next page.

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Case No. 14-cv-00877-PSG
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Have the presiding juror sign and date this form.

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Signed:
Presiding Juror

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Dated:

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After this verdict form has been signed and dated, notify the courtroom deputy that you are ready
to present your verdict in the courtroom.

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United States District Court
Northern District of California

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SO ORDERED.
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Dated: December 8, 2015
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_________________________________
PAUL S. GREWAL
United States Magistrate Judge

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Case No. 14-cv-00877-PSG
[PROPOSED] VERDICT FORM