Saenz et al v. City of New York et al

Filing 279

ORDER rejecting as contrary to law nominal damages instruction requested in 277 and accepting other proposed changes to the jury charge. The attached jury charge and verdict sheet will be used at trial. Ordered by Judge Allyne R. Ross on 6/1/2017. (Attachments: # 1 Jury Charge, # 2 Verdict Sheet) (Matsumura, Rebecca)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------------------------------------------- x
:
ELI SAMUEL FIGUEROA,
:
:
Plaintiff,
:
:
-against:
:
JOSEPH FAILLA and DENNIS CHAN, individually and :
in their official capacities,
:
:
Defendants.
:
----------------------------------------------------------------------- x

11-CV-3160 (ARR)(CLP)
VERDICT SHEET

1. Did plaintiff prove by a preponderance of the credible evidence that any of the following
defendants failed to intervene in an alleged assault by an unidentified police officer?
Joseph Failla

Yes__________

No__________

Dennis Chan

Yes__________

No__________

If you answered “NO” as to all defendants, your deliberations are finished. Sign the
following page, but do not answer any remaining questions.
If you answered “YES” as to any defendant on Question 1, please indicate the dollar
amount of the compensatory damages that plaintiff Eli Figueroa has proven by a
preponderance of the credible evidence that he sustained:
$_______________
PLEASE CONTINUE ONTO THE FOLLOWING PAGE.

2. Has plaintiff proven by a preponderance of the credible evidence that he is entitled to
punitive damages against any of the following officers?
Joseph Failla

Yes__________

No__________

Dennis Chan

Yes__________

No__________

If you answered “NO” as to all defendants, your deliberations are finished.
If you answered “YES” as to any defendant, please indicate the amount of punitive
damages to which plaintiff is entitled from each defendant to whom you answered “Yes”
in Question 2:
Joseph Failla: $_______________
Dennis Chan: $_______________

******************************************************************************
YOU HAVE REACHED A VERDICT.
THE FOREPERSON MUST NOW SIGN AND DATE THIS VERDICT FORM AND
ADVISE THE COURT SECURITY OFFICER.

Dated: __________________, 2017
FOREPERSON