Free Jury Instructions - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Cheryl Allred,

) ) Plaintiff, ) ) vs. ) ) Corrections Corporation of ) America, Inc.; Bruno Stolc, ) ) Defendants. ) ____________________________)

No. CV03-2343 PHX DGC

PROPOSED FINAL JURY INSTRUCTIONS AND VERDICT FORMS

DATED:

March 23, 2006

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3.1 DUTIES OF JURY TO FIND FACTS AND FOLLOW LAW Members of the jury, now that you have heard all the evidence and the arguments of the attorneys, it is my duty to instruct you on the law which applies to this case. A copy of these instructions will be available in the jury room for you to consult if you find it necessary. It is your duty to find the facts from all the evidence in the case. To those facts you will apply the law as I give it to you. You must follow the law as I give it to you whether you agree with it or not. You must not be influenced by any personal likes or dislikes, opinions, prejudices, or sympathy. That means that you must decide the case solely on the evidence before you. You will recall that you took an oath promising to do so at the beginning of the case. In following my instructions, you must follow all of them and not single out some and ignore others; they are all equally important. You must not read into these instructions or into anything the court may have said or done any suggestion as to what verdict you should return ­ that is a matter entirely up to you.

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3.2 WHAT IS EVIDENCE The evidence from which you are to decide what the facts are consists of: (1) (2) (3) the sworn testimony of any witness; the exhibits which have been received into evidence; and any facts to which the lawyers have agreed or stipulated.

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3.3 WHAT IS NOT EVIDENCE In reaching your verdict, you may consider only the testimony and exhibits received into evidence. Certain things are not evidence, and you may not consider them in deciding what the facts are. I will list them for you: (1) Arguments and statements by lawyers are not evidence. The lawyers are not witnesses. What they have said in their opening statements, closing arguments, and at other times is intended to help you interpret the evidence, but it is not evidence. If the facts as you remember them differ from the way the lawyers have stated them, your memory of them controls. Questions and objections by lawyers are not evidence. Attorneys have a duty to their clients to object when they believe a question is improper under the rules of evidence. You should not be influenced by the objection or by the court's ruling on it. Anything you may have seen or heard when the court was not in session is not evidence. You are to decide the case solely on the evidence received at the trial.

(2)

(3)

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3.5 DIRECT AND CIRCUMSTANTIAL EVIDENCE Evidence may be direct or circumstantial. Direct evidence is direct proof of a fact, such as testimony by a witness about what the witness personally saw or heard or did. Circumstantial evidence is proof of one or more facts from which you could find another fact. You should consider both kinds of evidence. The law makes no distinction between the weight to be given to either direct or circumstantial evidence. It is for you to decide how much weight to give to any evidence.

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3.6 CREDIBILITY OF WITNESSES In deciding the facts in this case, you may have to decide which testimony to believe and which testimony not to believe. You may believe everything a witness says, or part of it, or none of it. In considering the testimony of any witness, you may take into account: (1) the opportunity and ability of the witness to see or hear or know the things testified to; the witness' memory; the witness' manner while testifying; the witness' interest in the outcome of the case and any bias or prejudice; whether other evidence contradicted the witness' testimony; the reasonableness of the witness' testimony in light of all the evidence; and any other factors that bear on believability.

(2) (3) (4) (5) (6) (7)

The weight of the evidence as to a fact does not necessarily depend on the number of witnesses who testify.

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3.7 OPINION EVIDENCE, EXPERT WITNESSES You have heard testimony from persons who, because of education or experience, are permitted to state opinions and the reasons for those opinions. Opinion testimony should be judged just like any other testimony. You may accept it or reject it, and give it as much weight as you think it deserves, considering the witness' education and experience, the reasons given for the opinion, and all the other evidence in the case.

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3.9 CHARTS AND SUMMARIES NOT RECEIVED IN EVIDENCE (?) Certain charts and summaries that have not been received in evidence have been shown to you in order to help explain the contents of books, records, documents, or other evidence in the case. They are not themselves evidence or proof of any facts. If they do not correctly reflect the facts or figures shown by the evidence in the case, you should disregard these charts and summaries and determine the facts from the underlying evidence.

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3.10 CHARTS AND SUMMARIES IN EVIDENCE (?) Certain charts and summaries have been received into evidence to illustrate information brought out in the trial. Charts and summaries are only as good as the underlying evidence that supports them. You should, therefore, give them only such weight as you think the underlying evidence deserves.

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3.12 IMPEACHMENT EVIDENCE ­ WITNESS You have heard evidence that Cheryl Allred has been convicted of felonies. You may consider this evidence, along with other pertinent evidence, in deciding whether or not to believe Ms. Allred and how much weight to give to her testimony.

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6.1 CORPORATIONS AND PARTNERSHIPS ­ FAIR TREATMENT All parties are equal before the law and a corporation is entitled to the same fair and conscientious consideration by you as any party.

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6.2 LIABILITY OF CORPORATIONS ­ SCOPE OF AUTHORITY NOT IN ISSUE Under the law, a corporation is considered to be a person. It can only act through its employees, agents, directors, or officers. Therefore, a corporation is responsible for the acts of its employees, agents, directors, and officers performed within the scope of authority. CCA stipulates that its employees were acting within the scope of their employment at all times relevant to Plaintiff's claims.

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5.1 BURDEN OF PROOF ­ PREPONDERANCE OF THE EVIDENCE When a party has the burden of proof on any claim or affirmative defense by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim or affirmative defense is more probably true than not true. You should base your decision on all of the evidence, regardless of which party presented it.

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FAULT 5 Statement of Claims, Definition of Fault; Definition of Negligence (Comparative Fault) Cheryl Allred claims that Corrections Corporation of America was at fault. CCA alleges that Ms. Allred was not raped at its facility, but that if she was raped, the inmates who raped her were at fault. Fault is negligence that was a cause of Cheryl Allred's injury. Negligence is the failure to use reasonable care. Negligence may consist of action or inaction. Negligence is the failure to act as a reasonably careful person would act under the circumstances.

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FAULT 6 Definition of Causation (Comparative Fault)

Before you can find any person at fault, you must find that person's negligence was the cause of the plaintiff's injury. Negligence causes an injury if it helps produce the injury, and if the injury would not have happened without the negligence. There may be more than one cause of an injury.

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FAULT 7 Burden of Proof (All Parties) (Comparative Fault)

Cheryl Allred must prove: 1. 2. 3. She was raped; CCA was at fault; and Her damages.

If you find that Ms. Allred was raped at CCA's facility, CCA must prove: 1. That the inmates who raped her were at fault.

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FAULT 8 Statement of Liability Issues (Comparative Fault)

If you find that Ms. Allred has failed to prove that she was raped, or that CCA was not at fault, your verdict must be for CCA. If you find that Ms. Allred has proved that she was raped and that CCA was at fault, then CCA is liable to Ms. Allred and your verdict must be for Ms. Allred. You should then determine the full amount of Ms. Allred's damages and enter that amount on the verdict form. You should then consider CCA's claim that the unidentified inmates who raped her were at fault.

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FAULT 11 Determining Relative Degrees of Fault (Comparative Fault) If you find that Ms. Allred has proved that she was raped and that more than one person is at fault for her injuries, you must then determine the relative degrees of fault of all those whom you find to have been at fault. The relative degrees of fault are to be entered on the verdict form as percentages of the total fault for Ms. Allred's injury. The fault of one person may be greater or lesser than that of another, but the relative degrees of all fault must add up to 100% . This will be clear from the verdict form.

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7.1 DAMAGES ­ PROOF It is the duty of the Court to instruct you about the measure of damages. By instructing you on damages, I do not mean to suggest for which party your verdict should be rendered. If you find for Ms. Allred, you must determine her damages. Ms. Allred has the burden of proving damages by a preponderance of the evidence. Damages means the amount of money which will reasonably and fairly compensate her for any injury you find was caused by the persons at fault. You should consider the following: The nature and extent of the injuries; The loss of enjoyment of life experienced and which with reasonable probability will be experienced in the future; The mental, physical, and emotional pain and suffering experienced and which with reasonable probability will be experienced in the future; Your award must be based upon evidence and not upon speculation, guesswork or conjecture.

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Pre-Existing Condition Unusually Susceptible Plaintiff

Ms. Allred is not entitled to compensation for any physical or emotional condition that pre-existed the fault of CCA. However, if Ms. Allred had any pre-existing physical or emotional condition that was aggravated or made worse by CCA's fault, you must decide the full amount of money that will reasonably and fairly compensate Ms. Allred for that aggravation or worsening. You must decide the full amount of money that will reasonably and fairly compensate Ms. Allred for all damages caused by the fault of CCA, even if Ms. Allred was more susceptible to injury than a normally healthy person would have been, and even if a normally healthy person would not have suffered similar injury.

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7.3 DAMAGES ­MITIGATION Ms. Allred has a duty to use reasonable efforts to mitigate damages. To mitigate means to avoid or reduce damages. CCA has the burden of proving by a preponderance of the evidence: 1. 2. that Ms. Allred failed to use reasonable efforts to mitigate damages; and the amount by which damages would have been mitigated.

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4.1 DUTY TO DELIBERATE When you begin your deliberations, you should elect one member of the jury as your presiding juror. That person will preside over the deliberations and speak for you here in court. You will then discuss the case with your fellow jurors to reach agreement if you can do so. Your verdict must be unanimous. Each of you must decide the case for yourself, but you should do so only after you have considered all of the evidence, discussed it fully with the other jurors, and listened to the views of your fellow jurors. Do not be afraid to change your opinion if the discussion persuades you that you should. Do not come to a decision simply because other jurors think it is right. It is important that you attempt to reach a unanimous verdict but, of course, only if each of you can do so after having made your own conscientious decision. Do not change an honest belief about the weight and effect of the evidence simply to reach a verdict.

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4.2 USE OF NOTES Some of you have taken notes during the trial. Whether or not you took notes, you should rely on your own memory of what was said. Notes are only to assist your memory. You should not be overly influenced by the notes.

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4.3 COMMUNICATION WITH COURT If it becomes necessary during your deliberations to communicate with me, you may send a note through the bailiff, signed by your presiding juror or by one or more members of the jury. No member of the jury should ever attempt to communicate with me except by a signed writing; and I will communicate with any member of the jury on anything concerning the case only in writing, or here in open court. If you send out a question, I will consult with the parties before answering it, which may take some time. You may continue your deliberations while waiting for the answer to any question. Remember that you are not to tell anyone ­ including me ­ how the jury stands, numerically or otherwise, until after you have reached a unanimous verdict or have been discharged. Do not disclose any vote count in any note to the court.

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4.4 RETURN OF VERDICT A verdict form has been prepared for you. [Any explanation of the verdict form may be given at this time.] After you have reached unanimous agreement on a verdict, your presiding juror will fill in the form that has been given to you, sign and date it, and advise the court that you are ready to return to the courtroom.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 _____________________________ Foreperson ___________________________ Date We the jury, duly empaneled and sworn in the above-entitled action, upon our oaths do find as follows: On Plaintiff's claim of negligence against Corrections Corporation of America, we find in favor of Defendant Corrections Corporation of America. v. VERDICT Corrections Corporation of America, Inc.; Bruno Stolc Defendants. Cheryl Allred Plaintiff, IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA NO. CIV 03-2343 PHX-DGC

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ________________________ Foreperson nonparty.) Defendant Corrections Corporation of America Inmate Rapists Total ____% ____% 100% We the jury, duly empaneled and sworn in the above-entitled action, upon our oaths do find as follows: On Plaintiff's claim of negligence against Defendant Corrections Corporation of America, we find in favor of Plaintiff Cheryl Allred and find the full amount of her damages to be $_______________________. We find the relative degrees of fault to be: (If a party or nonparty listed below is not at fault, put a zero (0) on the percentage line for that party or Cheryl Allred Plaintiff, v. VERDICT Corrections Corporation of America, Inc.; Bruno Stolc Defendants. IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA NO. CIV 03-2343 PHX-DGC

__________________________ Date

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