Filed: Apr. 18, 2014
Latest Update: Apr. 18, 2014
Summary: [PROPOSED] VERDICT FORM PAUL S. GREWAL, Magistrate Judge. IT IS SO ORDERED. SECTION 1: 42 U.S.C. 1983 VIOLATION OF FOURTH AMENDMENT — UNREASONABLE SEIZURE WITHOUT PROBABLE CAUSE We, the jury, unanimously answer the Questions submitted to us as follows: 1-A. Did any individual defendant intentionally seize Aleksandr Binkovich i. Bruce Barthelemy: Yes _____ No _____ ii. Louis Grondahl: Yes _____ No _____ iii. Michael Panighetti: Yes _____ No _____ iv. Terry Craig: Yes _____ No _____
Summary: [PROPOSED] VERDICT FORM PAUL S. GREWAL, Magistrate Judge. IT IS SO ORDERED. SECTION 1: 42 U.S.C. 1983 VIOLATION OF FOURTH AMENDMENT — UNREASONABLE SEIZURE WITHOUT PROBABLE CAUSE We, the jury, unanimously answer the Questions submitted to us as follows: 1-A. Did any individual defendant intentionally seize Aleksandr Binkovich i. Bruce Barthelemy: Yes _____ No _____ ii. Louis Grondahl: Yes _____ No _____ iii. Michael Panighetti: Yes _____ No _____ iv. Terry Craig: Yes _____ No _____ ..
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[PROPOSED] VERDICT FORM
PAUL S. GREWAL, Magistrate Judge.
IT IS SO ORDERED.
SECTION 1: 42 U.S.C. § 1983
VIOLATION OF FOURTH AMENDMENT — UNREASONABLE SEIZURE WITHOUT PROBABLE CAUSE
We, the jury, unanimously answer the Questions submitted to us as follows:
1-A. Did any individual defendant intentionally seize Aleksandr Binkovich?
i. Bruce Barthelemy: Yes _____ No _____
ii. Louis Grondahl: Yes _____ No _____
iii. Michael Panighetti: Yes _____ No _____
iv. Terry Craig: Yes _____ No _____
v. Jason Bollendorf: Yes _____ No _____
If your answer to Question 1-A as to any defendant is "Yes," then answer Question 1-B for that defendant but for no others.
If you answered "No" to all defendants, go to Section 2.
1-B. Did the defendant have a reasonable suspicion that Binkovich was engaged in criminal conduct?
i. Bruce Barthelemy: Yes _____ No _____
ii. Louis Grondahl: Yes _____ No _____
iii. Michael Panighetti: Yes _____ No _____
iv. Terry Craig: Yes _____ No _____
v. Jason Bollendorf: Yes _____ No _____
If your answer to Question 1-B as to any defendant is "Yes," then answer Question 1-C. If you answered "No" to all defendants, go to Section 2.
1-C. Was either the length or the scope of the seizure unreasonable?
Yes _____ No _____
GO TO SECTION 2.
SECTION 2: 42 U.S.C. § 1983
VIOLATION OF FOURTH AMENDMENT — EXCESSIVE FORCE BY INDIVIDUAL DEFENDANTS
We, the jury, unanimously answer the Questions submitted to us as follows:
2-A. Did any defendant use excessive force against Binkovich?
i. Bruce Barthelemy: Yes _____ No _____
ii. Louis Grondahl: Yes _____ No _____
iii. Michael Panighetti: Yes _____ No _____
iv. Terry Craig: Yes _____ No _____
v. Jason Bollendorf: Yes _____ No _____
If your answer to Question 2-A as to any defendant is "Yes," then answer Question 2-B for that defendant but for no others.
If you answered "No" to all defendants, go to Section 3.
2-B. Was Binkovich harmed by any defendant's excessive force?
i. Bruce Barthelemy: Yes _____ No _____
ii. Louis Grondahl: Yes _____ No _____
iii. Michael Panighetti: Yes _____ No _____
iv. Terry Craig: Yes _____ No _____
v. Jason Bollendorf: Yes _____ No _____
If your answer to Question 2-B as to any defendant is "Yes," then answer Question 2-C. If you answered "No" to all defendants, go to Section 3.
2-C. Was any defendant's conduct a substantial factor in causing harm to Binkovich?
i. Bruce Barthelemy: Yes _____ No _____
ii. Louis Grondahl: Yes _____ No _____
iii. Michael Panighetti: Yes _____ No _____
iv. Terry Craig: Yes _____ No _____
v. Jason Bollendorf: Yes _____ No _____
GO TO SECTION 3.
SECTION 3: 42 U.S.C. § 1983
PUBLIC ENTITY LIABILITY — POLICY, PRACTICE, OR CUSTOM
We, the jury, unanimously answer the Questions submitted to us as follows:
3-A. We, the jury, have answered Yes" to one or more subparts of the following questions:
i. _______ Question 1-C (§ 1983 — Unreasonable Seizure)
ii. _______ Question 2-C (§ 1983 — Excessive Force)
If you checked any question under Question 3-A, then answer Question 3-B. If not, stop here, answer no further questions, and have the foreperson sign and date this form.
3-B. In seizing and/or using excessive force against Binkovich, was any defendant acting pursuant to an expressly adopted official policy or longstanding practice or custom of the City of San Jose?
Yes _____ No _____
If your answer to Question 3-B is "Yes," then answer Question 3-C.
If your answer to Question 3-B is "No," go to Section 4.
3-C. Was the City of San Jose's policy or custom the moving force behind a deprivation of Binkovich' Fourth Amendment rights?
Yes _____ No _____
GO TO SECTION 4.
SECTION 4: DAMAGES
We, the jury, unanimously answer the Questions submitted to us as follows:
4-A. What is the total amount of damages, if any, suffered by Binkovich? Do not award duplicate damages for the same harm suffered from multiple claims.
$ __________________
4-B. Did Binkovich use reasonable efforts to mitigate his damages?
Yes _____ No _____
If your answer to Question 4-B is "No," then answer Question 4-C.
If your answer to Question 4-B is "Yes," go to Question 4-D.
4-C. How much of Binkovich' damages could have been mitigated by Binkovich' reasonable efforts?
$ __________________
4-D. We, the jury, have answered "Yes" to one or more of the following questions with respect to the following defendants:
i. Question 1-C (§ 1983 — Unreasonable Seizure)
_____ Bruce Barthelemy
_____ Louis Grondahl
_____ Michael Panighetti
_____ Terry Craig
_____ Jason Bollendorf
ii. Question 2-C (§ 1983 — Excessive Force)
_____ Bruce Barthelemy
_____ Louis Grondahl
_____ Michael Panighetti
_____ Terry Craig
_____ Jason Bollendorf
If you checked any question for any defendant under Question 4-D, go to Question 4-E and answer as to each of the officers whom you checked.
If not, stop here, answer no further questions, and have the foreperson sign and date this form.
4-E. Did the officer(s) engage in malice, oppression, or in reckless disregard of Binkovich' rights with respect to any of the claims that you checked in Question 4-D?
i. Bruce Barthelemy: Yes _____ No _____
ii. Louis Grondahl: Yes _____ No _____
iii. Michael Panighetti: Yes _____ No _____
iv. Terry Craig: Yes _____ No _____
v. Jason Bollendorf: Yes _____ No _____
If you checked "Yes" for any defendant under Question 4-E, then answer Question 4-F as to that defendant only.
If not, stop here, answer no further questions, and have the foreperson sign and date this form.
4-F. What amount, if any, do you award in punitive damages?
Bruce Barthelemy: $ __________________
Louis Grondahl: $ __________________
Michael Panighetti: $ __________________
Terry Craig: $ __________________
Jason Bollendorf: $ __________________
Have the foreperson sign and date this form.
