Free Response - District Court of Connecticut - Connecticut

Case 3:00-cv-00052-RNC

Document 123

Filed 06/06/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MARGARET COWAN, ADMINISTRATRIX OF THE ESTATE OF VICTORIA COOPER v. MICHAEL BREEN : : : : : : :

NO.: 3:00CV52 (RNC)

------------------MARGARET COWAN, ADMINISTRATRIX OF THE ESTATE OF VICTORIA COOPER v. TOWN OF NORTH BRANFORD : : : : : : :

NO.: 3:01CV229 (RNC)

JUNE 3, 2005

OBJECTION TO PLAINTIFF'S PROPOSED JURY INTERROGATORIES The defendants object to the plaintiffs proposed jury interrogatories. The Plaintiff's proposal does nothing more that parse into small bits a standard Fourth Amendment excessive force charge that is not complicated, or otherwise difficult for a layperson to understand, given that it is based on an objective reasonableness. The jury is perfectly capable of answering a simple interrogatory such as: ORAL ARGUMENT IS/IS NOT REQUESTED

Case 3:00-cv-00052-RNC

Document 123

Filed 06/06/2005

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1. Has the plaintiff proved that the defendant violated her Fourth Amendment right to be free from unlawful seizure? ____YES _____NO

A similarly simple interrogatory can be put with respect the state lawbased claim:

2.

Has the plaintiff proved that the defendant committed an

assault on her, that was not justified by the law of self-defense? _____YES ____NO

Damages can be covered by two equally simple interrogatories, as follows:

3.

If you answered "Yes" to either question 1 or question 2, please

indicate the amount you determine to be fair, just and reasonable compensatory damages. $________________

Case 3:00-cv-00052-RNC

Document 123

Filed 06/06/2005

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4.

If you have answered "yes" to question 1, please indicate

whether you find the defendant to be liable for punitive damages and, if so, in what amount:

Is the defendant liable for punitive damages? ____YES ___NO

If your answer is "yes," indicate the amount of punitive damages awarded.

$_________________

Dated__________

Signed____________________ Foreperson

Please consider this objection to plaintiff's jury interrogatories and a proposal by the Defendant to submit the interrogatories set forth above.

Case 3:00-cv-00052-RNC

Document 123

Filed 06/06/2005

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DEFENDANTS, MICHAEL BREEN AND TOWN OF NORTH BRANFORD By/s/Thomas R. Gerarde Thomas R. Gerarde, ct05640 John J. Radshaw, III, ct19882 Howd & Ludorf, LLC 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 (860) 249-7665 fax CERTIFICATION This is to certify that a copy of the foregoing has been sent, handling charges prepaid, via U.S. Mail to the following counsel of record this 3rd day of June 2005. David N. Rosen, Esquire Rosen & Dolan, PC 400 Orange Street New Haven, CT 06511 William H. Clendenen, Jr., Esquire Clendenen & Shea, LLC P.O. box 301 New Haven, CT 06502 /s/Thomas R. Gerarde Thomas R. Gerarde John J. Radshaw, III