Free Proposed Verdict Form - District Court of Connecticut - Connecticut

Case 3:01-cv-02166-JCH

Document 138

Filed 02/28/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

DUANE ZIEMBA v. CAPTAIN DeGRAY

: : :

CIVIL NO. 3:01CV2166 (JCH)

FEBRUARY 27, 2006

DEFENDANT'S PROPOSED VERDICT FORM

We, the jury, unanimously find the following:

Part I. 1.

LIABILITY Did the plaintiff prove by a preponderance of the evidence that the defendant

violated plaintiff's Eighth Amendment right to be free from excessive force used against him sadistically and maliciously for the very purpose of causing harm? Yes ___________ No _____________

If you responded "No" this concludes your deliberations. Have the foreperson sign and date the form and notify the clerk that you have reached a verdict. If you responded "Yes" proceed to Part II.

Case 3:01-cv-02166-JCH

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Filed 02/28/2006

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Part II.

DAMAGES

2.

Did the plaintiff prove by a preponderance of the evidence that he suffered any

actual damages that were proximately caused by the violation of his constitutional rights? Yes ___________ No _____________

If you responded "No" proceed to Question 3. If you responded "Yes" list the amount of damages you find to be fair and reasonable. _________________________________ Compensatory Damages

Proceed to Question 4.

3.

If you responded "No" to Question 2, do you find an award of one dollar in

nominal damages appropriate? Yes ______ No_______

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Case 3:01-cv-02166-JCH

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4.

If you responded "Yes" to Questions 2 or 3, and keeping in mind the Court's

instructions on punitive damages, do you find that the defendant should be punished or deterred from future misconduct by an award of punitive damages? Yes ______ No _______

If yes, what amount of damages should be paid under the law as I have instructed you? _________________________________ Punitive Damages

When you have finished answering the appropriate questions on this form, you may report your verdict.

The form should be signed and dated by the foreperson.

__________________________ Foreperson

_________________________ Date

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Case 3:01-cv-02166-JCH

Document 138

Filed 02/28/2006

Page 4 of 4

DEFENDANT Kevin DeGray RICHARD BLUMENTHAL ATTORNEY GENERAL

BY: ______/s/______________________________ Matthew B. Beizer Assistant Attorney General 110 Sherman Street Hartford, CT 06105 Federal Bar #ct16304 E-Mail: [email protected] Tel: (860) 808-5450 Fax: (860) 808-5591

CERTIFICATION I hereby certify that a copy of the foregoing was mailed to the following this 27th day of February, 2006: Duane Ziemba #128963 Garner Correctional Institution 50 Nunnawauk Road P.O. Box 5500 Newtown, CT 06470

________/s/__________________________ Matthew B. Beizer Assistant Attorney General

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