Martinez et al v. City and County of Denver et al
Filing
134
MINUTE ENTRY for Jury Trial Day Six held before Chief Judge Marcia S. Krieger on 9/24/2014: granting 130 remaining portion Motion to Amend/Correct/Modify. Charging conference. Court instructs the jury, closing arguments. Jury excused to begin del iberations. Trial continues.(Attachments: # 1 Court's proposed draft concluding jury instructions, # 2 Court's proposed draft verdict form, # 3 Court's proposed 2d draft concluding jury instructions, # 4 Court's proposed 2d draft verdict form, # 5 Plaintiffs' tendered jury instructions, # 6 Defendants' tendered jury instructions and verdict form, # 7 Court's tendered jury instructions) Court Reporter: Janet Coppock. (pglov)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable Marcia S. Krieger
Civil Action No. 11-cv-00102-MSK-KLM
DANIEL MARTINEZ, JR.;
NATHAN MARTINEZ;
DANIEL MARTINEZ III; and
JONATHAN MARTINEZ,
Plaintiff,
v.
JASON VALDEZ,
ROBERT MARTINEZ,
ROBERT MOTYKA, and
BRYCE JACKSON,
Defendants.
VERDICT FORM
WE THE JURY, in the above-captioned action, render our verdict in response to
the following interrogatories:
CLAIM 1: Use of Excessive Force
Question 1: Did the following Plaintiffs prove, by a preponderance of the evidence, that
the amount of force used by the following Defendant in the act of arresting the Plaintiff was
excessive?
Daniel Martinez Jr. as to Robert Martinez
YES ___
NO ___
Nathan Martinez as to Robert Motyka
YES ___
NO ___
Daniel Martinez III as to Bryce Jackson
YES ___
NO ___
Jonathan Martinez as to Jason Valdez
YES ___
NO ___
If your answer is “NO” with regard to any Defendant(s), you have found a verdict in
favor of that/those Defendant(s) on this claim. Do not answer any further questions in
Claim 1 with regard to that/those Defendant(s).
If your answer is “NO” with regard to all Defendants, you have found a verdict in
favor of all Defendants on this claim. Proceed to answer the questions in Claim 2: False
Arrest.
If your answer is “YES” with regard to any Defendant(s), proceed to answer
Question 2 with regard to that/those Defendant(s).
Question 2: Did the following Plaintiff prove, by a preponderance of the evidence, that
he suffered injuries as a result of the use of excessive force by the following Defendant:
Daniel Martinez Jr. as to Robert Martinez
YES ___
NO ___
Nathan Martinez as to Robert Motyka
YES ___
NO ___
Daniel Martinez III as to Bryce Jackson
YES ___
NO ___
Jonathan Martinez as to Jason Valdez
YES ___
NO ___
If your answer is “NO” with regard to any Defendant(s), you have found a verdict in
favor of that/those Defendant(s) on this claim. Proceed to answer the questions in Claim 2:
False Arrest.
If your answer is “YES” with regard to any Defendant(s), you have found a verdict
in favor of the related Plaintiff against that Defendant. Proceed to answer the questions in
Claim 2: False Arrest.
CLAIM 2: False Arrest
Question 3: Did the following Plaintiff prove, by a preponderance of the evidence, that
he was arrested by the following Defendant?
Daniel Martinez Jr. as to Robert Martinez
YES ___
NO ___
Nathan Martinez as to Robert Motyka
YES ___
NO ___
Daniel Martinez III as to Bryce Jackson
YES ___
NO ___
Jonathan Martinez as to Jason Valdez
YES ___
NO ___
If your answer is “NO” with regard to any Defendant(s), you have found a verdict in
favor of that/those Defendant(s) on this claim. Do not answer any further questions in
Claim 2 with regard to that/those Defendant(s).
If your answer is “NO” with regard to all Defendants, you have found a verdict in
favor of all Defendants on this claim. Proceed to answer the questions in Claim 3:
Unlawful Entry.
If your answer is “YES” with regard to any Defendant(s), proceed to answer
Question 4 with regard to that/those Defendant(s).
Question 4: Did the following Plaintiff prove, by a preponderance of the evidence, that
the following Defendant did not have probable cause to arrest him?
Daniel Martinez Jr. as to Robert Martinez
YES ___
NO ___
Nathan Martinez as to Robert Motyka
YES ___
NO ___
Daniel Martinez III as to Bryce Jackson
YES ___
NO ___
Jonathan Martinez as to Jason Valdez
YES ___
NO ___
If your answer is “NO” with regard to any Defendant(s), you have found a verdict in
favor of that/those Defendant(s) on this claim. Proceed to answer the questions in Claim 3:
Unlawful Entry.
If your answer is “YES” with regard to any Defendant(s), you have found a verdict
in favor of the related Plaintiff against that Defendant. Proceed to answer the questions in
Claim 3: Unlawful Entry.
CLAIM 3: Unlawful Entry
Question 5: Did the Plaintiffs prove, by a preponderance of the evidence, that the
following Defendant’s entry into the Plaintiffs’ residence was unreasonable?
Robert Martinez
YES ___
NO ___
Jason Valdez
YES ___
NO ___
If your answer is “NO” with regard to any Defendant(s), you have found a verdict in
favor of that/those Defendant(s) on this claim. Proceed to answer the questions in Claim 4:
Malicious Prosecution.
If your answer is “YES” with regard to any Defendant(s), you have found a verdict
in favor of the related Plaintiff against that Defendant. Proceed to answer the questions in
Claim 4: Malicious Prosecution.
CLAIM 4: Malicious Prosecution
Question 6: Did the following Plaintiffs prove, by a preponderance of the evidence, that
the criminal case brought against them was brought as a result of oral or written statements made
by the following Defendant?
Daniel Martinez Jr. as to
Robert Martinez
YES ___
NO ___
Robert Motyka
YES ___
NO ___
Bryce Jackson
YES ___
NO ___
Jason Valdez
YES ___
NO ___
Robert Martinez
YES ___
NO ___
Robert Motyka
YES ___
NO ___
Bryce Jackson
YES ___
NO ___
Jason Valdez
YES ___
NO ___
Robert Martinez
YES ___
NO ___
Robert Motyka
YES ___
NO ___
Bryce Jackson
YES ___
NO ___
Jason Valdez
YES ___
NO ___
Nathan Martinez as to
Daniel Martinez III as to
If your answer is “NO” with regard to any Plaintiff’s claim against any
Defendant(s), you have found a verdict in favor of that/those Defendant(s) on that
Plaintiff’s claim. Do not answer any further questions in Claim 4 with regard to that/those
Plaintiff(s) claims against that/those Defendant(s). Proceed to answer Question 7.
If your answer is “YES” with regard to any Plaintiff’s claim against any
Defendant(s), proceed to answer Question 7.
Question 7: Did Jonathan Martinez prove, by a preponderance of the evidence, that the
criminal charges against him were continued as a result of oral or written statements made by the
following Defendant?
Robert Martinez
YES ___
NO ___
Robert Motyka
YES ___
NO ___
Bryce Jackson
YES ___
NO ___
Jason Valdez
YES ___
NO ___
If your answer is “NO” with regard to any Defendant(s), you have found a verdict in
favor of that/those Defendant(s) on Jonathan Martinez’s claim. Do not answer any further
questions in Claim 4 with regard Jonathan Martinez’s claim against that/those
Defendant(s).
If your answer is “NO” with regard to all Defendants, you have found a verdict in
favor of all Defendants on Jonathan Martinez’s claim. If you also answered “NO” with
regard to all Defendants and all Plaintiffs in Question 6, do not answer any further
questions on this claim. Proceed to the Damages section if you have found a verdict in
favor of any Plaintiff(s) against any Defendant(s). Otherwise, proceed to the Certification
section if you found a verdict in favor of all Defendants on all Claims.
If your answer is “YES” with regard to any Defendant(s) on any Plaintiff’s claim,
proceed to answer Question 8 with regard to that/those Defendant(s) on the claim(s) of
that/those Plaintiff(s).
Question 8: Did the following Plaintiff prove, by a preponderance of the evidence, that
the following Defendant’s statements against the Plaintiff were made without probable cause?
Daniel Martinez Jr. as to
Robert Martinez
YES ___
NO ___
Robert Motyka
YES ___
NO ___
Bryce Jackson
YES ___
NO ___
Jason Valdez
YES ___
NO ___
Robert Martinez
YES ___
NO ___
Robert Motyka
YES ___
NO ___
Bryce Jackson
YES ___
NO ___
Jason Valdez
YES ___
NO ___
Nathan Martinez as to
Daniel Martinez III as to
Robert Martinez
YES ___
NO ___
Robert Motyka
YES ___
NO ___
Bryce Jackson
YES ___
NO ___
Jason Valdez
YES ___
NO ___
Robert Martinez
YES ___
NO ___
Robert Motyka
YES ___
NO ___
Bryce Jackson
YES ___
NO ___
Jason Valdez
YES ___
NO ___
Jonathan Martinez as to
If your answer is “NO” with regard to any Plaintiff’s claim against any
Defendant(s), you have found a verdict in favor of that/those Defendant(s) on that
Plaintiff’s claim. Do not answer any further questions in Claim 4 with regard to that/those
Plaintiff(s) claims against that/those Defendant(s).
If your answer is “NO” with regard to all Defendants on all Plaintiffs’ claims,
proceed to the Damages section if you have found a verdict in favor of any Plaintiff(s)
against any Defendant(s). Otherwise, proceed to the Certification section if you found a
verdict in favor of all Defendants on all Claims.
If your answer is “YES” with regard to any Plaintiff’s claim against any
Defendant(s), proceed to answer Question 9 with regard to that/those Plaintiff’s claims
against that/those Defendant(s).
Question 9: Did the following Plaintiff prove, by a preponderance of the evidence, that
the following Defendant’s statements against the Plaintiff were motivated by malice towards the
Plaintiff?
Daniel Martinez Jr. as to
Robert Martinez
YES ___
NO ___
Robert Motyka
YES ___
NO ___
Bryce Jackson
YES ___
NO ___
Jason Valdez
YES ___
NO ___
Robert Martinez
YES ___
NO ___
Robert Motyka
YES ___
NO ___
Bryce Jackson
YES ___
NO ___
Jason Valdez
YES ___
NO ___
Nathan Martinez as to
Daniel Martinez III as to
Robert Martinez
YES ___
NO ___
Robert Motyka
YES ___
NO ___
Bryce Jackson
YES ___
NO ___
Jason Valdez
YES ___
NO ___
Robert Martinez
YES ___
NO ___
Robert Motyka
YES ___
NO ___
Bryce Jackson
YES ___
NO ___
Jason Valdez
YES ___
NO ___
Jonathan Martinez as to
If your answer is “NO” with regard to any Plaintiff’s claim against any
Defendant(s), you have found a verdict in favor of that/those Defendant(s) on that
Plaintiff’s claim.
If your answer is “NO” with regard to all Defendants on all Plaintiffs’ claims,
proceed to the Damages section if you have found a verdict in favor of any Plaintiff(s)
against any Defendant(s). Otherwise, proceed to the Certification section if you found a
verdict in favor of all Defendants on all Claims.
If your answer is “YES” with regard to any Plaintiff’s claim against any
Defendant(s), proceed to answer Question 10 with regard to that/those Plaintiff’s claims
against that/those Defendant(s).
Question 10: Did the following Plaintiff prove, by a preponderance of the evidence, that
as a result of the criminal case, the Plaintiff experienced damages:
Daniel Martinez Jr.
YES ___
NO ___
Nathan Martinez
YES ___
NO ___
Daniel Martinez III
YES ___
NO ___
Jonathan Martinez
YES ___
NO ___
If your answer is “NO” with regard to any Plaintiff(s), you have found a
verdict in favor of all Defendants on that Plaintiff’s claim.
If your answer is “YES” with regard to any Plaintiff(s), you have found a
verdict in favor of the related Plaintiff against any Defendant(s) for whom you answered
“YES” on question 9.
Proceed to the Damages section if you have found a verdict in favor of any
Plaintiff(s) against any Defendant(s). Otherwise, proceed to the Certification section if you
found a verdict in favor of all Defendants on all Claims.
Damages
Answer the questions in this section only if you have found a verdict in favor a
Plaintiff on one or more claims. Answer the questions only with regard to those
Defendants against whom you have found a verdict and only with regard to those Plaintiffs
for whom you have found a verdict.
Question 11: Taking into account the Plaintiffs’ duty to mitigate, what amount of
damages is necessary to compensate the following Plaintiffs on those claims for which you found
a verdict in favor of him against the following Defendants?
Daniel Martinez Jr. as to
Robert Martinez
$__________
Robert Motyka
$__________
Bryce Jackson
$__________
Jason Valdez
$__________
Nathan Martinez as to
Robert Martinez
$__________
Robert Motyka
$__________
Bryce Jackson
$__________
Jason Valdez
$__________
Daniel Martinez III as to
Robert Martinez
$__________
Robert Motyka
$__________
Bryce Jackson
$__________
Jason Valdez
$__________
Jonathan Martinez as to
Robert Martinez
$__________
Robert Motyka
$__________
Bryce Jackson
$__________
Jason Valdez
$__________
Proceed to Question 12.
Question 12: Did the following Plaintiff prove that the following Defendants’ actions
were taken in reckless disregard of the Plaintiff’s rights, such that an award of punitive damages
is warranted?
Daniel Martinez Jr. as to
Robert Martinez
YES ___
NO ___
Robert Motyka
YES ___
NO ___
Bryce Jackson
YES ___
NO ___
Jason Valdez
YES ___
NO ___
Robert Martinez
YES ___
NO ___
Robert Motyka
YES ___
NO ___
Bryce Jackson
YES ___
NO ___
Jason Valdez
YES ___
NO ___
Nathan Martinez as to
Daniel Martinez III as to
Robert Martinez
YES ___
NO ___
Robert Motyka
YES ___
NO ___
Bryce Jackson
YES ___
NO ___
Jason Valdez
YES ___
NO ___
Robert Martinez
YES ___
NO ___
Robert Motyka
YES ___
NO ___
Bryce Jackson
YES ___
NO ___
Jason Valdez
YES ___
NO ___
Jonathan Martinez as to
If your answer is “NO” with regard to all Defendants and all Plaintiffs, do not
answer any further questions in this section, and proceed to sign the appropriate portion of
the Certification section. If your answer is “YES” with regard to any Plaintiff against any
Defendant, proceed to answer Question 13 with regard to that/those combination(s) of
Plaintiff(s) and Defendant(s).
Question 13: What amount, if any, does the jury award in punitive damages against the
following Defendants with relation to the following Plaintiffs?
Daniel Martinez Jr. as to
Robert Martinez
$__________
Robert Motyka
$__________
Bryce Jackson
$__________
Jason Valdez
$__________
Nathan Martinez as to
Robert Martinez
$__________
Robert Motyka
$__________
Bryce Jackson
$__________
Jason Valdez
$__________
Daniel Martinez III as to
Robert Martinez
$__________
Robert Motyka
$__________
Bryce Jackson
$__________
Jason Valdez
$__________
Jonathan Martinez as to
Robert Martinez
$__________
Robert Motyka
$__________
Bryce Jackson
$__________
Jason Valdez
$__________
Proceed to sign the appropriate portion of the Certification section.
Certification
If you found a verdict for one or more Plaintiffs on one or more claims, sign and
date the following section. Once you have done so, inform the Court by note that you are
ready to return to the courtroom to announce your verdict.
By our signatures and our answers to these questions, we certify that we have found a
verdict for one or more Plaintiffs on the claim(s) herein, and that the answers on this form
represent the unanimous verdict of the jury.
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Dated: September __, 2014
If you found a verdict for the Defendants on all claims, sign and date the following
section. Once you have done so, inform the Court by note that you are ready to return to
the courtroom to announce your verdict.
By our signatures and our answers to these questions, we certify that we have found a
verdict for the Defendants on all claims herein, and that the answers on this form represent the
unanimous verdict of the jury.
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Dated: September __, 2014
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