final jury instructions · web view2016. 12. 6. · you must, of course, continue to follow the...

IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEBRASKA

JAMES L. DEAN,

Plaintiff,

vs.

COUNTY OF GAGE, NEBRASKA, et al.;

Defendants.

4:09CV3144

CARROL T. WHITE, Personal Representative of the Estate of Joseph White,

Plaintiff,

vs.

COUNTY OF GAGE, NEBRASKA, et al.;Defendants.

4:09CV3145

KATHLEEN A. GONZALEZ,Plaintiff,

vs.


4:09CV3146

THOMAS W. WINSLOW,Plaintiff,

vs.


4:09CV3147

ADA JOANN TAYLOR,Plaintiff,

vs.


Defendants.

4:09CV3148

DEB SHELDEN,Plaintiff,

vs.


Defendants.

4:11CV3099

FINAL JURY INSTRUCTIONS

INSTRUCTION NO. 1

Members of the jury, the instructions I gave at the beginning of the trial and

during the trial remain in effect. I now give you some additional instructions.

You must, of course, continue to follow the instructions I gave you earlier, as

well as those I give you now. You must not single out some instructions and ignore

others, because all are important. This is true even though some of those I gave you

at the beginni ng of and during the trial are not repeated here.

INSTRUCTION NO. 2

Neither in these instructions nor in any ruling, action or remark that I have

made during the course of this trial have I intended to give any opinion or suggestion

as to what your verdict should be.

During this trial I may have occasionally asked questions of witnesses in order

to bring out facts not then fully covered in the testimony. Do not assume that I hold

any opinion on the matters to which my questions related.

INSTRUCTION NO. 3

You are reminded that you are not to engage in any independent investigation

of this case. For instance, do not conduct research on the Internet about this case or

about anyone involved with it, and do not consult a dictionary.

INSTRUCTION NO. 4

In these instructions you are told that your verdict depends on whether you

find certain facts have been proved. The burden of proving a fact is upon the party

whose claim depends upon that fact. The party who has the burden of proving a

fact must prove it by the greater weight of the evidence.

The greater weight of the evidence means evidence sufficient to make a claim

more likely true than not. A greater weight of the evidence does not necessarily mean

a greater number of witnesses or exhibits.

A party is entitled to the benefit of any evidence tending to establish that

party's contention even though such evidence was introduced by another . If the

evidence upon a claim is evenly balanced or if it weighs in favor of the other

party, then the burden of proof has not been met.

INSTRUCTION NO. 5

You have heard testimony from persons described as experts. A witness who

has special knowledge, skill, experience, training, or education in a particular area

may testify as an expert in that area.

You determine what weight, if any, to give to an expert's testimony just as

you do with the testimony of any other witness. You should consider the

expert's credibility as a witness, the expert's qualifications as an expert, the

sources of the expert's information, and the reasons given for any opinions

expressed by the expert.

Consider expert testimony just like any other testimony. You may accept it or

reject it.

You may give it as much weight as you think it deserves, considering the

witness' education and experience, the reasons for the opinion, and all the other

evidence in the case.

INSTRUCTION NO. 6

Certain charts and summaries have been shown to you in order to help explain

the facts disclosed by the books, records, or other underlying evidence in the case.

Those charts or summaries are used for convenience. They are not themselves

evidence or proof of any facts. If they do not correctly reflect the facts shown by the

evidence in the case, you should disregard these charts and summaries and determine

the facts from the books, records or other underlying evidence.

INSTRUCTION NO. 7

This is a civil case brought by six Plaintiffs-James Dean; Joseph White

(deceased); Kathleen A Gonzalez; Thomas Winslow; Ada JoAnn Taylor; and Debra

Shelden-against four Defendants-Burdette Searcey; Wayne Price; Jerry DeWitt

(deceased); and the County of Gage, Nebraska. The estates of the decedents Joseph

White and Jerry DeWitt represent their interests in this matter.

INSTRUCTION NO. 8

Each Plaintiff alleges three separate claims against each individual Defendant

(i.e., Sheriff DeWitt, Deputy Searcey, and Deputy Price). These "individual liability"

claims will be referred to throughout these instructions as:

I . Plaintiffs' "reckless investigation" claim;

2. Plaintiffs ' "manufactured false evidence" claim; and

3. Plaintiffs' "conspiracy'' claim.

In addition, each Plaintiff alleges Gage County is liable for certain policy

decisions that were made by Sheriff DeWitt. This will be referred to as Plaintiffs'

"county liability" claim throughout these instructions.

Defendants deny all of Plaintiffs' claims.

INSTRUCTION NO. 9

In deciding Plaintiffs' claims, the question is not whether Plaintiffs are actually

guilty or innocent of the murder of Helen Wilson; it is whether Defendants engaged

in conduct that violated any of Plaintiffs' specific constitutional rights as addressed

in these instructions.

You should not try to determine whether anyone did or did not violate the laws

pertaining to such things as interrogations, arrest warrant affidavits, trial stipulations

or the like. Nor should you attempt to determine whether decisions by a judge in the

criminal cases involving the Plaintiffs complied with the laws.

An act or omission may be legal but nevertheless may be evidence of a reckless

investigation, the manufacture of false evidence or a conspiracy to do one or both.

Your job is to apply the facts to the instructions that set forth the elements of each of

the Plaintiff s civil claims.

INSTRUCTION NO. 10

Each Plaintiff bears the burden of proving each claim asserted against each

Defendant by the greater weight of the evidence. Likewise, each Defendant is

entitled to fair consideration of his or its own defense on each claim and is not to

be prejudiced by your decision as to any other Defendant or by your decision on

any other claim.

Unless otherwise stated, all instructions given you govern the case as to all

of the parties.

INSTRUCTION NO. 11

"RECKLESS INVESTIGATION"

Your verdict must be for a Plaintiff and against an individual Defendant on the

claim of "reckless investigation" if all of the following elements have been proved by

the greater weight of the evidence:

First, the Defendant gathered false or unreliable evidence against one or more

of the Plaintiffs during the investigation of the rape and murder of Mrs. Wilson;

Second, the Defendant acted recklessly in gathering such evidence; and

Third, as a direct result of such action, the Plaintiff suffered some damage.

If any of the above elements has not been proved by the greater weight of the

evidence, then your verdict must be for the Defendant.

A person acts "recklessly" when the person proceeds without heed or concern

for the consequences.

The Plaintiff does not need to prove the Defendant intended to violate the

Plaintiff s constitutional rights. However, it is not enough if the Plaintiff only proves

the Defendant acted negligent1y, accidentally, or inadvertently. That is, more than

mere negligence, accident or inadvertence is required.

INSTRUCTION NO. 12

"MANUFACTURED FALSE EVIDENCE"

Your verdict must be for a Plaintiff and against an individual Defendant on the

claim of "manufactured false evidence" if all of the following elements have been

proved by the greater weight of the evidence:

First, the Defendant fabricated, that is, made-up, false evidence against one or

more of the Plaintiffs during the investigation of the rape and murder of Mrs. Wilson

knowing such evidence to be false;

Second, the Defendant intentionally fabricated false evidence; and

Third, as a direct result of such action, the Plaintiff suffered some damage.

Ifany of the above elements has not been proved by the greater weight of the

evidence, then your verdict must be for the Defendant.

A person acts "intentionally" when the person acts with a conscious objective

to engage in particular conduct.

The plaintiff does not need to prove the Defendant intended to violate the

Plaintiff s constitutional rights.

The Plaintiff must prove by the greater weight of the evidence that the

fabricated false evidence was used to secure his or her conviction .

INSTRUCTION NO. 13

"CONSPIRACY"

Plaintiffs allege that the individual Defendants conspired together and with

County Attorney Richard Smith to violate Plaintiffs' constitutional right to be free

from a reckless investigation or to be free from the manufacturing of false evidence.

A conspiracy is a knowing agreement or knowing mutual understanding between two

or more persons to commit an unlawful act, or to commit a lawful act by unlawful

means.

To meet his or her burden of proof regarding a conspiracy, a Plaintiff must

prove the following elements by the greater weight of the evidence:

1. That the individual Defendant knowingly agreed or knowingly came to a

mutual understanding with another person to recklessly investigate or to manufacture

false evidence against that Plaintiff;

2. That the individual Defendant or a co-conspirator engaged in at least one

overt act in furtherance of the conspiracy; and

3. That the overt act was a direct cause of injury to the Plaintiff.

The "agreement or mutual understanding" can be either express or implied.

However, merely associating with someone else does not alone prove an agreement

or mutual understanding .

An act is done "knowingly" if the person is aware of the act and does not

act through ignorance, mistake, or accident. You may consider evidence of a

Defendant's

or co-conspirator's words, acts, or omissions, along with all the other evidence, in

deciding whether a person acted knowingly.

An "overt act" is an act that is performed to further the conspiracy and will

naturally achieve that result unless prevented by some external cause. That is, the

"over act" must directly further the purpose of the conspiracy . However, an overt act

must be more than acts of planning or preparation.

Evidence concerning the conduct of County Attorney Richard Smith, who

is not a Defendant, was admitted solely for purposes of Plaintiffs' conspiracy

claim; that is, you may not consider his conduct on any of the other claims of the

Plaintiffs. It is for you to decide whether Mr. Smith was a member of the alleged

conspiracy .

Ifyou decide that any Defendant was a participant in the conspiracy, then that

Defendant is responsible for all acts done as part of the conspiracy by any of the

co-conspirators, whether the acts occurred before or after such Defendant joined the

conspiracy.

INSTRUCTION NO.14

"COUNTY LIABILITY"

Gage County is not automatically liable just because you find one or more

Plaintiffs proved that (a) there was a reckless investigation by one or more individual

Defendants, or (b) one or more individual Defendants manufactured false evidence,

or (c) an individual Defendant engaged in a conspiracy with one or more individual

Defendants or with County Attorney Smith to recklessly investigate or to manufacture

false evidence.

In the event you find one or more of the individual Defendants liable to one or

more Plaintiffs, you must decide whether Sheriff DeWitt deliberately adopted a

formal or informal policy by words or deeds which affirmatively commanded that

the deprivation of rights take place. I instruct you that Sheriff DeWitt had the power

and authority to adopt such policies for Gage County. The question for you to

decide, if you find for a Plaintiff, is whether he did so.

With respect to a Plaintiff for whom you have found that one or more

Defendants engaged in a reckless investigation, manufactured false evidence, or

conspired to engage in a reckless investigation or the manufacture of false evidence,

in order to recover against Gage County such a Plaintiff must prove that:

1. Sheriff DeWitt deliberately adopted a formal or informal policy by

words or deeds which affirmatively commanded that the reckless investigation take

place,

that the manufacture of false evidence take place, or that the conspiracy to do either

or both such things be formed or carried out; and

2. Sheriff DeWitt's formal or informal policy was a direct cause of and the

moving force behind the violation of that Plaintiff s right to be free from a reckless

investigation or the manufacture of false evidence or a conspiracy to do either or both

such things.

A Plaintiff satisfies his or her burden of proof against Gage County if he or

she proves by the greater weight of the evidence that Sheriff DeWitt (a) directed

that the violation occur, or (b) authorized the violation, or (c) agreed to a

subordinate's decision to engage in the violation.

INSTRUCTION NO. 15

If you find that a Plaintiff has proven the elements of his or her claim against

a Defendant, then you should consider the question of damages.

The fact that I charge you on the law governing damages should not be

taken as a suggestion that you should necessarily reach the question of damages. It

is your function to decide the issue of liability. I am instructing you on the

elements of damages only so that you will have guidance, should you decide that

a Plaintiff is entitled to recover damages on a claim. You should not consider

the question of damages unless and until you find one or more of the Defendants

liable to a Plaintiff on one or more of his or her claims.

INSTRUCTION NO. 16

If you return a verdict for any one of the Plaintiffs, then you must award

him or her such sum of money as you believe will fairly and justly compensate

the Plaintiff for any injury you believe he or she actually sustained as a direct

consequence of the conduct of one or more of the Defendants.

In making this decision, you may consider the physical and mental pain and

suffering the Plaintiff experienced from the time he or she was taken into custody to

the present day, and the mental pain and suffering the Plaintiff is likely to experience

into the future as a result of the violation of his or her civil rights.

No evidence of the monetary value of intangible things as physical or mental

pain and suffering need be introduced into evidence. There is no exact standard for

fixing the compensation to be awarded for these elements of damage. Any award you

make should be fair in light of the evidence presented at the trial.

Damages must not be based on speculation or sympathy, and you must not

award damages to punish Defendant. On the other hand, the law does not require any

Plaintiff to prove the value of his or her losses with mathematical precision, but only

with as much definiteness and accuracy as the circumstances permit. Where there is

uncertainty as to the amount of damages but no uncertainty as to the fact of damage,

you may award damages to the Plaintiff. It is enough to show the extent of damages

as a matter of just and reasonable inference, although the result may only be

approximate.

Nominal damages may be awarded if a Plaintiff was deprived by a

particular Defendant of a constitutional right but has suffered no actual damage as

a natural consequence of that deprivation. The mere fact that a constitutional

deprivation occurred is an injury to the person entitled to enjoy that right, even

when no actual damages flow from the deprivation. Therefore, if you find that a

Plaintiff suffered no injury as a result of a particular Defendant's conduct,

other than the fact of a constitutional deprivation, you may award nominal

damages not to exceed one dollar. A Plaintiff has a duty under the law to mitigate

his or her damages-that is, to exercise reasonable diligence under the

circumstances to minimize his or her actual damages. Therefore, if you find that a

Defendant has proved by the greater weight of the evidence that a Plaintiff failed

to take advantage of some opportunity that was reasonably available to him or her,

you must reduce the Plaintiff s actual damages by the amount he or she reasonably

could have avoided if he or she had sought out or

taken advantage of such an opportunity.

INSTRUCTION NO. 17

There is evidence before you from life expectancy tables, called the "Standard

Ordinary Mortality Tables ."This evidence may assist you in determining probable

life expectancy. This is only an estimate based on average experience. It is not

conclusive. You should consider it along with any other evidence bearing on

probable life expectancy, such as evidence of health, occupation, habits and the like.

INSTRUCTION NO. 18

In reaching your verdict, do not consider whether any of the parties in this

action has the ability to pay for any liability, loss, damage or injury. Whether any

party has the ability to pay, or any source of any payment ordered, has no bearing on

the issues you are to decide as jurors.

INSTRUCTION NO. 19

The verdict must be agreed to by all of you, that is, it must be unanimous.

INSTRUCTION NO. 20

In conducting your deliberations and returning your verdict, there are certain

rules you must follow.

First, when you go to the jury room, you must select one of your members as

your foreperson. That person will preside over your discussions and speak for you

here in court.

Second, it is your duty, as jurors, to discuss this case with one another in the

jury room. You should try to reach agreement if you can do so without violence to

individual judgment.

Each of you must make your own conscientious decision, but only after you

have considered all the evidence, discussed it fully with your fellow jurors, and

listened to the views of your fellow jurors.

Do not be afraid to change your opinions if the discussion persuades you that

you should. But do not come to a decision simply because other jurors think it is

right, or simply to reach a verdict. Remem ber at all times that you are not partisans.

You are judges judges of the facts. Your sole interest is to seek the truth from the

evidence in the case.

Third, if you need to communicate with me during your deliberations, you

may send a note to me through the courtroom deputy, signed by one or more jurors.

You may summon the courtroom deputy by using the telephone in the jury room to

call my chambers at the number provided by the courtroom deputy. The caller should

clearly identify himself or herself as a member of the jury so that my staff will react

accordingly. I will respond to your communication as soon as possible either in

writing or orally in open court. Remember that you should not tell anyone

including me, how your votes stand numerically.

If you do not agree on a verdict by 5:00 o'clock p.m., you may separate

and return for deliberation at 9:00 o'clock a.m. on the next business day. You

may deliberate after 5:00 o'clock p.m., but, if so, please notify my staff in

advance by using the telephone in the jury room to call my chambers at the number

provided by the courtroom deputy. Please also notify my chambers staff by

telephone whenever you separate during the day or at the end of the day, and advise

when you expect to return to the jury room to reconvene your deliberations. If you

do separate, then during that time, you are not allowed to discuss this case with

anyone, even another J uror.

Fourth, your verdict must be based solely on the evidence and law which I

have given to you in my instructions. Nothing I have said or done is intended to

suggest what your verdict should be-that is entirely for you to decide.

Finally, the verdict form is simply the written notice of the decision that you

reach in this case. You will take this form to the jury room, complete it pursuant to

the instructions on the form, and advise my chambers staff by telephone when you are

ready to return to the courtroom to deliver your verdict.

Submitted at o'clock a.m.

DATED this day of 2016.

BY THE COURT:

Senior United States District Judge

L -)

IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEBRASKA

JAMES L. DEAN, ) 4:09CV3144Plaintiff, )

v. )COUNTY OF GAGE, NEBRASKA, et al., ) Defendants. ) LOIS P. WHITE, as Personal )Representative of the Estate of )Joseph White, deceased, )

Plaintiff, )v. )

COUNTY OF GAGE, NEBRASKA, et al., )

4:09CY3145

-------Defendants.----))

KATHLEEN A. GONZALEZ,Plaintiff, )

4:09CV3146

v. )COUNTY OF GAGE, NEBRASKA, et al., )

-TH_O_MA s _w_._W_IN_S_Defendants. )

4:09CV3147Plaintiff, )

v. )COUNTY OF GAGE, NEBRASKA , et al., )------

Defendants. ---))

ADA JOANN TAYLOR,Plaintiff, )

4:09CV3148

v. )


Defendants. )-DE-BRA SH_E_L_D_E_N. ------ )

Plaintiff, )

4:11CV3099

v. )


Defendants . )

VERDICT FORM

Please answer the following questions in accordance with the jury instructions and the instructions contained in the form. It is possible that you will answer some

but not all questions.

of Verdict FormCase Nos. 4:09CV3144, 4:09CV3145, 4:09CV3146, 4:09CV3147, 4:09CV3148 and 4:11CV3099

nt Burdette Searcey]

[Plaintiff James Dea

VERDICT

I. Plaintiff James Dean

Note: Complete the statements below by writing in the name required by your verdict.

A. Individual Defendant Liability

1. "Reckless Investigation" Claim

On Plaintiff James Dean's "reckless investigation" claim against the individual Defendants, we find in favor of:

[Plaintiff James Dean] or [Defendant Jerry DeWitt]

2. "Manufactured False Evidence" Claim

On Plaintiff James Dean's "manufactured false evidence" claim against the individual Defendants, we find in favor of:

a. [Plaintiff James Dean] or [Defendant Burdette Searcey]

b. [Plaintiff James Dean] or [Defendant Wayne Price]

c. [Plaintiff James Dean] or [Defendant Jerry DeWitt]


3. "Conspiracy" Claim

On Plaintiff James Dean's "conspiracy" claim against the individual Defendants, we find in favor of:

a.[Plaintiff James Dean] or [Defendant Burdette Searcey]

b.

[Plaintiff James Dean] or [Defendant Wayne Price]

c. [Plaintiff James Dean] or [Defendant Jerry DeWitt]

Note: Answer the following two questions (Parts B and C) if, but only if, in Part A above you have found in favor of Plaintiff James Dean and against any individual Defendant on any claim. If your verdict is in favor of all Defendants on all individual liability claims, leave the following two spaces blank and proceed to consider the next Plaintiff s claims.

B. County Liability

On Plaintiff James Dean's claim against Gage County, we find in favor of:

[Plaintiff James Dean] or [Defendant Gage County]

C. Damages

Reminder: Answer the following question only if you have found in favor of Plaintiff James Dean on any individual liability claim. In such event, however, you should answer the question regardless of your finding in Part B on county liability.

We find Plaintiff James Dean's damages to be:

$ (stating the amount or, if you find thatPlaintiff s damages have no monetary value, set forth the nominal amount of $1.00).

[Plaintiff Joseph White]or [Defendant Wayne Price]

[Plaintiff Joseph White]or [Defendant Wayne Price]

Page 4 of Verdict FormCase Nos. 4:09CV3144, 4:09CV3145, 4:09CV3146, 4:09CV3147, 4:09CV3148 and 4:11CV3099

II. Plain tiff Joseph White



I. Reckless Investigation" Claim

On Plaintiff Joseph White's "reckless investigation" claim against the individual Defendants, we find in favor of:

[Plaintiff Joseph White] or [Defendant Burdette Searcey]

[Plaintiff Joseph White] or [Defendant Jerry DeWitt]

2. "Man ufactu red False Evidence" Claim

On Plaintiff Joseph White's "manufactured false evidence" claim against the individual Defendants, we find in favor of:




3."Conspiracy" Claim

On Plaintiff Joseph White's "conspiracy" claim against the individual Defendants, we find in favor of:


b. ---- -[Plaintiff Joseph White] or [Defendant Wayne Price]


Note: Answer the following two questions (Parts B and C) if, but only if, in Part A above you have found in favor of Plaintiff Joseph White and against any individual Defendant on any claim. If your verdict is in favor of all Defendants on all individual liability claims, leave the following two spaces blank and proceed to consider the next Plaintiff s claims.

B. County Liability

On Plaintiff Joseph White's claim against Gage County, we find in favor of:

[Plaintiff Joseph White] or [Defendant Gage County]

Reminder: Answer the following question only if you have found in favor of Plaintiff Joseph White on any individual liability claim. In such event, however, you should answer the question regardless of your finding in Part B on county liability.

C. Damages

We find Plaintiff Joseph White's damages to be:


-


III. Plain tiff Kathleen Gonzalez



1."Reckless Investigation" Claim

On Plaintiff Kathleen Gonzalez's "reckless investigation" claim against the individual Defendants, we find in favor of:

[Plaintiff Kathleen Gonzalez] or [Defendant Burdette Searcey]

b.[Plai-

n-

tiff Kathleen G---

onzalez] -

o

r

--

[Defendant

W- ayne Price] -

---

c.[Plaintiff Kathleen Gonzalez] or [Defendant Jerry DeWitt]


On Plaintiff Kathleen Gonzalez's "manufactured false evidence" claim against the individual Defendants, we find in favor of:

a.[Plaintiff Kathleen Gonzalez] or [Defendant Burdette Searcey]

b.[Plaintiff Kathleen Gonzalez] or [Defendant Wayne Price]

c.[Plaintiff Kathleen Gonzalez] or [Defendant Jerry DeWitt]


[Plaintiff Kathleen Gonzalez]or [Defendant Wayne Price]


On Plaintiff Kathleen Gonzalez's "conspiracy" claim against the individual Defendants, we find in favor of:

a. ---[Plaintiff Kathleen Gonzalez] or [Defendant Burdette Searcey]

[Plaintiff Kathleen Gonzalez] or [Defendant Jerry DeWitt]

Note: Answer the following two questions (Parts B and C) if, but only if, in Part A above you have found in favor of Plaintiff Kathleen Gonzalez and against any individual Defendant on any claim. If your verdict is in favor of all Defendants on all individual liability claims, leave the following two spaces blank and proceed to consider the next Plaintiff s claims.

B. County Lia bility

On Plaintiff Kathleen Gonzalez's claim against Gage County, we find in favor of:

[Plaintiff Kathleen Gonzalez] or [Defendant Gage County]

C. Damages

Rem inder: Answer the following question only if you have found in favor of Plaintiff Kathleen Gonzalez on any individual liability claim. In such event, however, you should answer the question regardless of your finding in Part B on county liability.

We find Plaintiff Kathleen Gonzalez's damages to be


-

-

[Plaintiff Thomas Winslow] or [Defendant Wayne Price]


IV. Plain tiff Thomas Winslow

Note : Complete the statements below by writing in the name required by your verdict.



On Plaintiff Thomas Winslow 's "reckless investigation" claim against the individual Defendants, we find in favor of:

a.[Plaintiff Thomas Winslow] or [Defendant Burdette Searcey]

c.[Plaintiff Thomas Winslow] or [Defendant Jerry DeWitt]


On Plaintiff Thomas Winslow's "manufactured false evidence" claim against the individual Defendants, we find in favor of:

a. [Plaintiff Thomas Winslow] or [Defendant Burdette Searcey]

b.[Plaintiff Thomas Winslow] or [Defendant Wayne Price]

c. [Plaintiff Thomas Winslow] or [Defendant Jerry DeWitt]



On Plaintiff Thomas Winslow's “conspiracy" claim against the individual Defendants, we find in favor of:

a.[Plaintiff Thomas Winslow] or [Defendant Burdette Searcey]

b.[Plaintiff Thomas Winslow] or [Defendant Wayne Price]

c. [Plaintiff Thomas Winslow] or [Defendant Jerry DeWitt]

Note: Answer the following two questions (Parts B and C) if, but only if, in Part A above you have found in favor of Plaintiff Thomas Winslow and against any individual Defendant on any claim. Ifyour verdict is in favor of all Defendants on all individual liability claims, leave the following two spaces blank and proceed to consider the next Plaintiff s claims.

8.County Liability

On Plaintiff Thomas Winslow's claim against Gage County, we find in favor of:

[Plaintiff Thomas Winslow] or [Defendant Gage County]

C. Damages

Reminder: Answer the following question only if you have found in favor of Plaintiff Thomas Winslow on any individual liability claim. In such event, however, you should answer the question regardless of your finding in Part B on county liability.

We find Plaintiff Thomas Winslow's damages to be:

$ (stating the amount or, i f you find thatPlaintiff s damages have no monetary value, set forth the nominal amount of $1.00).


V. Plain tiff Ada JoAnn Taylor



1."Reckless Investigation" Claim

On Plaintiff Ada JoAnn Taylor's "reckless investigation" claim against the individual Defendants, we find in favor of:

[Plaintiff Ada JoAnn Taylor] or [Defendant Burdette Searcey]

[Plaintiff Ada JoAnn Taylor] or [Defendant Wayne Price]

[Plaintiff Ada JoAnn Taylor] or [Defendant Jerry DeWitt]

2. "Ma nufactu red False Evidence" Claim

On Plaintiff Ada JoAnn Taylor's "manufactured false evidence" claim against the individual Defendants, we find in favor of:

a. [Plaintiff Ada JoAnn Taylor] or [Defendant Burdette Searcey]

b.[Plaintiff Ada JoAnn Taylor] or [Defendant Wayne Price]

c.

[Plaintiff Ada JoAnn Taylor] or [Defendant Jerry DeWitt]

of Verdict FormCase Nos.4:09CV3144, 4:09CV3145, 4:09CV3146, 4:09CV3147, 4:09CV3148

------

-

-

and 4:11CV3099


On Plaintiff Ada JoAnn Taylor's "conspiracy" claim against the individual Defendants, we find in favor of:

a.[Plaintiff Ada JoAnn Taylor] or [Defendant Burdette Searcey]

b.[Plaintiff Ada JoAnn Taylor] or [Defendant Wayne Price]

c.[Plaintiff Ada JoAnn Taylor] or [Defendant Jerry DeWitt]

Note: Answer the following two questions (Parts B and C) if, but only if, in Part A above you have found in favor of Plaintiff Ada JoAnn Taylor and against any individual Defendant on any claim. Ifyour verdict is in favor of all Defendants on all individual liability claims, leave the following two spaces blank and proceed to consider the next Plaintiff s claims.

B. County Liability

On Plaintiff Ada JoAnn Taylor's claim against Gage County, we find in favor of:

[Plaintiff Ada JoAnn Taylor] or [Defendant Gage County]

C. Damages

Reminder: Answer the following question only if you have found in favor of Plaintiff Ada JoAnn Taylor on any individual liability claim. In such event, however, you should answer the question regardless of your finding in Part B on county liability.

We find Plaintiff Ada JoAnn Taylor's damages to be:


c·--- -----------

-

Page 12 of Verdict FormCase Nos.4:09CV3144, 4:09CV3145, 4:09CV3146, 4:09CV3147, 4:09CV3148and 4: 11CV3099

VI. Plaintiff Debra Shelden




On Plaintiff Debra Shelden's "reckless investigation" claim against the individual Defendants, we find in favor of:

a. --------- - - - --------

[Plaintiff Debra Shelden] or [Defendant Burdette Searcey]

[Plaintiff Debra Shelden] or [Defendant Wayne Price]

[Plaintiff Debra Shelden] or [Defendant Jerry DeWitt]


On Plaintiff Debra Shelden's "manufactured false evidence" claim against the individual Defendants, we find in favor of:

[Plaintiff Debra Shelden] or [Defendant Burdette Searcey]

b.[Plaintiff Debra Shelden] or [Defendant Wayne Price]

[Plaintiff Debra Shelden] or [Defendant Jerry DeWitt]

of Verdict FormCase Nos. 4:09CV3144, 4:09CV3145, 4:09CV3146, 4:09CV3147, 4:09CV31

-- - --

-

-

and 4:11CV3099


On Plaintiff Debra Shelden's "conspiracy" claim against the individual Defendants, we find in favor of:

a.[Plaintiff Debra Shelden] or [Defendant Burdette Searcey]

b.[Plaintiff Debra Shelden] or [Defendant Wayne Price]

c.[Plaintiff Debra Shelden] or [Defendant Jerry DeWitt]

Note: Answer the following two questions (Parts B and C) if, but only if, in Part A above you have found in favor of Plaintiff Debra Shelden and against any individual Defendant on any claim. If your verdict is in favor of all Defendants on all individual liability claims, leave the following two spaces blank and proceed to "Execution of Verdict Form."

8.Cou nty Liability

On Plaintiff Debra Shelden's claim against Gage County, we find in favor of:

[Plaintiff Debra Shelden] or [Defendant Gage County]

C. Damages

Reminder: Answer the following question only if you have found in favor of Plaintiff Debra Shelden on any individual liability claim. In such event, however, you should answer the question regardless of your finding in Part B on county liability.

We find Plaintiff Debra Shelden's damages to be:


of Verdict FormCase Nos. 4:09CV3144, 4:09CV3145, 4:09CV3146, 4:09CV3147, 4:09CV3148and 4:11CV3099

EXECUTION OF VERDICT FORM

Note: The Foreperson shall sign and date the verdict fonn, and such signature shall mean that the verdict was unanimous.

DATED this day of , 2016.

FOREPERSON

final jury instructions · web view2016. 12. 6. · you must, of course, continue to follow the...

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