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1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK X JOSHUA WHARTON, GAIL WHARTON and JONATHAN WHARTON, -against- Plaintiffs, COUNTY OF NASSAU, NASSAU COUNTY POLICE DEPARTMENT, P.O. PHILLIP KOURIL, P.O. CHARLES DECARO and LIEUTENANT MICHAEL H. McGOVERN, 07-CV-2137 PROPOSED VERDICT SHEET Defendants, X PLEASE NOTE Each Juror will be provided with a Verdict Sheet Form in Order to Facilitate understanding of the charge and to aid in deliberation as to the elements of each claim. HOWEVER, YOUR VERDICT SHOULD BE REPORTED TO THE JUDGE ON ONLY ONE VERDICT SHEET FORM WHICH IS SIGNED BY THE JURY FOREPERSON. The remaining Verdict Sheet Forms should be returned to the courtroom deputy unsigned. Each question must be answered unanimously. Also, please carefully follow the directions accompanying each question. 1
2 PLAINTIFF JOSHUA WHARTON S SECTION 1983 CLAIMS FOR FALSE ARREST/FALSE IMPRISONMENT 1. Has Joshua Wharton made out a Section 1983 claim based upon his allegation of an unjustifiable stop by Officer Phillip Kouril? If yes, go to question 2. If no, go to question Is Officer Phillip Kouril entitled to qualified immunity for the stop of Joshua If yes, go to question 4. If no, go to question State the amount of actual or nominal damages to be awarded to Joshua Wharton for the unconstitutional stop by Officer Phillip Kouril. Go to question 4. $ 4. Has Joshua Wharton made out a Section 1983 claim for false arrest against Officer Phillip Kouril based upon his allegation that he was arrested after being stopped and brought to the station? If yes, go to question 5. If no, go to question Is Officer Phillip Kouril entitled to qualified immunity for the arrest of Joshua If yes, go to question 7. If no, go to question 6. 2
3 6. State the amount of actual or nominal damages to be awarded to Joshua Wharton for the false arrest by Officer Phillip Kouril: Go to question Has Joshua Wharton made out a Section 1983 claim based upon his allegation of an unjustifiable stop by Officer Charles DeCaro? If yes, go to question 8. If no, go to question Is Officer Charles DeCaro entitled to qualified immunity for the stop of Joshua If yes, go to question 10. If no, go to question State the amount of actual or nominal damages to be awarded to Joshua Wharton for the unconstitutional stop by Officer Charles DeCaro. Go to question 10. $ 10. Has Joshua Wharton made out a Section 1983 claim for false arrest against Officer Charles DeCaro based upon his allegation that he was arrested after being stopped and brought to the station? If yes, go to question 11. If no, go to question Is Officer Charles DeCaro entitled to qualified immunity for the arrest of Joshua If yes, go to question 13. If no, go to question 12. 3
4 12. State the amount of actual or nominal damages to be awarded to Joshua Wharton for the false arrest by Officer Charles DeCaro: Go to question 13. PLAINTIFF JOSHUA WHARTON S SECTION 1983 CLAIMS FOR MALICIOUS PROSECUTION 13. Has Joshua Wharton made out a Section 1983 claim for malicious prosecution against Officer Phillip Kouril based upon his allegation that Officer Kouril maliciously caused a criminal proceeding to be commenced and continued against Joshua Wharton which was resolved in Joshua Wharton s favor? If yes, go to question 14. If no, go to question Is Officer Phillip Kouril entitled to qualified immunity for the prosecution of Joshua If yes, go to question 16. If no, go to question State the amount of actual or nominal damages to be awarded to Joshua Wharton for the malicious prosecution by Officer Phillip Kouril: Go to question Has Joshua Wharton made out a Section 1983 claim for malicious prosecution against Officer Charles DeCaro based upon his allegation that Officer DeCaro maliciously caused a criminal proceeding to be commenced and continued against Joshua Wharton which was resolved in Joshua Wharton s favor? If yes, go to question 17. If no, go to question 19. 4
5 17. Is Officer Charles DeCaro entitled to qualified immunity for the prosecution of Joshua If yes, go to question 19. If no, go to question State the amount of actual or nominal damages to be awarded to Joshua Wharton for the malicious prosecution by Officer Charles DeCaro: Go to question 19. PLAINTIFF JOSHUA WHARTON S STATE COMMON LAW CLAIMS FOR MALICIOUS PROSECUTION 19. Has Joshua Wharton made out a State of New York common law claim for malicious prosecution against Officer Phillip Kouril based upon his allegation that Officer Kouril maliciously caused a criminal proceeding to be commenced and continued against Joshua Wharton which was resolved in Joshua Wharton s favor? If yes, go to question 20. If no, go to question Is Officer Phillip Kouril entitled to qualified immunity for the prosecution of Joshua If yes, go to question 22. If no, go to question State the amount of compensatory damages to be awarded to Joshua Wharton for the malicious prosecution by Officer Phillip Kouril: Go to question 22. 5
6 22. Has Joshua Wharton made out a State of New York common law claim for malicious prosecution against Officer Charles DeCaro based upon his allegation that Officer DeCaro maliciously caused a criminal proceeding to be commenced and continued against Joshua Wharton which was resolved in Joshua Wharton s favor? If yes, go to question 23. If no, go to question Is Officer Charles DeCaro entitled to qualified immunity for the prosecution of Joshua If yes, go to question 25. If no, go to question State the amount of compensatory damages to be awarded to Joshua Wharton for the malicious prosecution by Officer Charles DeCaro: Go to question 25 only if you awarded at least $1 in damages to on questions 3, 6, 9, 12, 15, 18, 21 or 24. If you did not meet one of these conditions, go to the end. PUNITIVE DAMAGES 25. Is Joshua Wharton entitled to punitive damages to be awarded as against Officer Phillip Kouril? If yes, go to question 26. If no, go to question State the amount of punitive damages to be awarded to Joshua Wharton as against Officer Phillip Kouril. Go to question 27. 6
7 27. Is Joshua Wharton entitled to punitive damages to be awarded as against Officer Phillip Kouril? If yes, go to question 27. If no, go to question State the amount of punitive damages to be awarded to Joshua Wharton as against Officer Charles DeCaro. Go to question 29. PLAINTIFF S GAIL WHARTON AND JONATHAN WHARTON S CLAIM FOR PAYMENT OF LEGAL FEES FOR SERVICES TO DEFEND JOSHUA WHARTON. 29. Are Plaintiffs Gail Wharton and Jonathan Wharton entitled to damages from Officer Phillip Kouril for payment of legal fees for the services to defend their son Joshua Wharton in the criminal trial? If yes, go to question 30. If no, go to question State the amount of damages to be awarded to Gail Wharton and Jonathan Wharton as against Officer Phillip Kouril. Go to question Are Plaintiffs Gail Wharton and Jonathan Wharton entitled to damages from Officer Charles DeCaro for payment of legal fees for the services to defend their son Joshua Wharton in the criminal trial? If yes, go to question 32. If no, go to the end. 7
8 32. State the amount of damages to be awarded to Gail Wharton and Jonathan Wharton as against Officer Charles DeCaro. Go to the end. PLEASE REPORT YOUR VERDICT TO THE MARSHAL. PLEASE REMEMBER TO DATE AND SIGN THIS VERDICT SHEET. THANK YOU. Date Foreperson 8
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