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: Unlawful Entry
Question 1: Did the Plaintiffs prove, by a preponderance of the evidence, that the
following Defendants’ entry into the residence was made without consent?
Robert Martinez

YES ___

NO ___

Jason Valdez

YES ___

NO ___

Robert Motyka

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:
Excessive Force.

If your answer is “YES” with regard to any Defendant(s), proceed to answer
Question 1 with regard to that/those Defendant(s).

Question 2: Did the following Defendants prove, by a preponderance of the evidence,
that their entry into the residence was justified by exigent circumstances?
Robert Martinez

YES ___

NO ___

Jason Valdez

YES ___

NO ___

Robert Motyka

YES ___

NO ___

If your answer is “NO” with regard to any Defendant(s), you have found a verdict in
favor of the Plaintiffs against that/those Defendant(s) on this claim. If your answer is
“YES” with regard to any Defendant(s), you have found a verdict for that that/those
Defendant(s) on this claim. In either event, proceed to Claim 2.

CLAIM 2: Use of Excessive Force
Question 3: 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?
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: False
Arrest.
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
he suffered injuries (physical or emotional) as a result of the use of excessive force by the
following Defendant:
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. If your answer is “YES” with regard to any
Defendant(s), you have found a verdict in favor of that Plaintiff against that Defendant. In
either event, proceed to answer the questions in Claim 3: False Arrest.

CLAIM 3: False Arrest
Question 5: 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 3 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 4:
Malicious prosecution.
If your answer is “YES” with regard to any Defendant(s), proceed to answer
Question 6 with regard to that/those Defendant(s).

Question 6: 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. If your answer is “YES” with regard to any
Defendant(s), you have found a verdict in favor of that Plaintiff against that Defendant. In
either event, proceed to answer the questions in Claim 4: Malicious prosecution.

CLAIM 4: Malicious Prosecution
Question 7: 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 ___

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 with regard to Plaintiff
Jonathan Martinez is “NO” as to all Defendants, proceed to consider Claim 4a. Otherwise,
proceed to the Damages section if you have found a verdict in favor of any Plaintiff on any
of the preceding claims, or proceed to the Certification section if you have found a verdict
in favor of all Defendants on all of the preceding claims.
If your answer is “YES” with regard to any Plaintiff’s claim against any
Defendant(s), proceed to answer Question 8.

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 ___

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

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 with regard to Plaintiff
Jonathan Martinez is “NO” as to all Defendants, proceed to consider Claim 4a. Otherwise,
proceed to the Damages section if you have found a verdict in favor of any Plaintiff on any
of the preceding claims, or proceed to the Certification section if you have found a verdict
in favor of all Defendants on all of the preceding claims.
If your answer is “YES” with regard to any Plaintiff’s claim against any
Defendant(s), proceed to answer Question 9.

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 ___

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

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 with regard to Plaintiff
Jonathan Martinez is “NO” as to all Defendants, proceed to consider Claim 4a. Otherwise,
proceed to the Damages section if you have found a verdict in favor of any Plaintiff on any
of the preceding claims, or proceed to the Certification section if you have found a verdict
in favor of all Defendants on all of the preceding claims.
If your answer is “YES” with regard to any Plaintiff’s claim against any
Defendant(s), proceed to answer Question 10.

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.
If your answer to this question was “YES” with regard to Plaintiff Jonathan
Martinez, proceed to Claim 4a: Continued Malicious Prosecution. Otherwise, proceed to
the Damages section if you have found a verdict in favor of any Plaintiff(s) against any
Defendant(s), or proceed to the Certification section if you found a verdict in favor of all
Defendants on all Claims.

CLAIM 4a: Continued Malicious Prosecution
Question 11: Did Plaintiff Jonathan Martinez prove, by a preponderance of the
evidence, the following Defendants made oral or written statements that caused the criminal
prosecution of Jonathan Martinez to continue beyond the mere filing of charges;?

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 this claim. Do not answer any further questions in

Claim 4a with regard to that/those Defendant(s). Proceed to the Damages section if you
have found a verdict in favor of any Plaintiff on any of the preceding claims, or proceed to
the Certification section if you have found a verdict in favor of all Defendants on all of the
preceding claims.
If your answer is “YES” with regard to any Defendant(s), proceed to answer
Question 12 with regard to that/those Defendant(s).

Question 12: Did Plaintiff Jonathan Martinez prove, by a preponderance of the
evidence, the following Defendants’ statements were made without probable cause?

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 this claim. Do not answer any further questions in
Claim 4a with regard to that/those Defendant(s). Proceed to the Damages section if you
have found a verdict in favor of any Plaintiff on any of the preceding claims, or proceed to
the Certification section if you have found a verdict in favor of all Defendants on all of the
preceding claims.
If your answer is “YES” with regard to any Defendant(s), proceed to answer
Question 13 with regard to that/those Defendant(s).

Question 13: Did the Jonathan Martinez prove, by a preponderance of the evidence, that
the following Defendant’s statements against him were motivated by malice towards the him

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 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 4a with regard to
that/those Plaintiff(s) claims against that/those Defendant(s). Proceed to the Damages
section if you have found a verdict in favor of any Plaintiff on any of the preceding claims,
or proceed to the Certification section if you have found a verdict in favor of all Defendants
on all of the preceding claims.
If your answer is “YES” with regard to any Plaintiff’s claim against any
Defendant(s), proceed to answer Question 10.

Question 14: Did Jonathan Martinez prove, by a preponderance of the evidence, that as a
result of the criminal case, he experienced damages:
YES ___

NO ___

If your answer is “NO” with regard to any Plaintiff(s), you have found a verdict in
favor of the Defendants on this claim.
If your answer is “YES”, you have found a verdict in favor of Jonathan Martinez
against any Defendant for whom your answer to Question 13 was “YES.”
Pproceed to the Damages section if you have found a verdict in favor of any
Plaintiff(s) against any Defendant(s), or 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 15: 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 16.

Question 16: 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 16 with regard to that/those combination(s) of
Plaintiff(s) and Defendant(s).

Question 16: 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.
_____________________________

__________________________

_____________________________

__________________________

_____________________________

__________________________

_____________________________

__________________________

_____________________________

__________________________

_____________________________

__________________________

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.
_____________________________

__________________________

_____________________________

__________________________

_____________________________

__________________________

_____________________________

__________________________

_____________________________

__________________________

_____________________________

__________________________

Dated: September __, 2014

Question 8: 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).