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Johnson v. Bay Area Rapid Transit District, C-09-0901 EMC (2014)

Court: District Court, N.D. California Number: infdco20140701776 Visitors: 23
Filed: Jun. 30, 2014
Latest Update: Jun. 30, 2014
Summary: SPECIAL VERDICT FORM RE JOHNTUE CALDWELL EDWARD M. CHEN, District Judge. We, the jury, answer the questions submitted to us as follows. JOHNTUE CALDWELL Question 1: Did JOHNTUE CALDWELL prove by a preponderance of the evidence that MARYSOL DOMENICI seized him __________ Yes __________ No If you answered "yes," please answer Question Number 2. If you answered "no," STOP and judgment will be entered in favor of Defendant MARYSOL DOMENICI. Question 2: Did JOHNTUE CALDWELL
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SPECIAL VERDICT FORM RE JOHNTUE CALDWELL

EDWARD M. CHEN, District Judge.

We, the jury, answer the questions submitted to us as follows.

JOHNTUE CALDWELL

Question 1:

Did JOHNTUE CALDWELL prove by a preponderance of the evidence that MARYSOL DOMENICI seized him?

__________ Yes __________ No

If you answered "yes," please answer Question Number 2. If you answered "no," STOP and judgment will be entered in favor of Defendant MARYSOL DOMENICI.

Question 2:

Did JOHNTUE CALDWELL prove by a preponderance of the evidence that the seizure by MARYSOL DOMENICI was unreasonable?

__________ Yes __________ No

If you answered "yes," please answer Question Number 3. If you answered "no," STOP and judgment will be entered in favor of Defendant MARYSOL DOMENICI.

Question 3:

Did MARYSOL DOMENICI cause injury to JOHNTUE CALDWELL?

__________ Yes __________ No

If you answered "yes," please answer Question Numbers 4 and 5. If you answered "no," STOP and judgment will be entered in favor of Defendant MARYSOL DOMENICI.

If you answered "yes" to Question Numbers, 1, 2, and 3, judgment will be entered in favor of Plaintiff JOHNTUE CALDWELL.

Question 4:

If you find that JOHNTUE CALDWELL suffered damages (other than punitive damages) enter that amount here. If, on the other hand, you find that JOHNTUE CALDWELL's rights were violated, but that he did not suffer any actual damages, you must enter nominal damages in an amount not to exceed $1.00.

$ _______________

Question 5:

Did JOHNTUE CALDWELL prove by a preponderance of the evidence that MARYSOL DOMENICI's conduct was malicious, oppressive, or in reckless disregard of JOHNTUE CALDWELL's rights?

__________ Yes __________ No

If you answered "yes," you now have the opportunity to award punitive damages. An award of punitive damages serves to punish an individual defendant and act as a deterrent for such future conduct, rather than pay someone back for what they lost. The jury may award punitive damages only if it concludes that MARYSOL DOMENICI's conduct was either motivated by malicious, oppressive, or in reckless disregard or indifference to JOHNTUE CALDWELL's rights.

What, if any, punitive damages do you award to JOHNTUE CALDWELL?

$ _______________
Source:  Leagle

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