Free Proposed Jury Instructions/Request to Charge - District Court of Connecticut - Connecticut

Case 3:01-cv-02205-PCD

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Filed 03/23/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT LYNN BALDONI, PLAINTIFF v. THE CITY OF MIDDLETOWN, CHIEF OF POLICE, J. EDWARD BRYMER, AND DOMENIQUE S. THORNTON, DEFENDANTS. : : : : : : : : CIVIL ACTION NO: 3:01 CV2205(PCD)

MARCH 23, 2004

DEFENDANTS' PROPOSED JURY INTERROGATORIES Pursuant to Federal Rule of Civil Procedure 51, the defendants, City of Middletown, J. Edward Brymer and Domenique Thornton, submit the following requests for jury interrogatories. The defendants reserve the right to supplement, modify and/or withdraw these requested interrogatories.

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PROPOSED JURY INTERROGATORY NO. ONE: TITLE VII, CFEPA AND EQUAL PROTECTION GENDER DISCRIMINATION.1 1. Do you find that the plaintiff, Lynn Baldoni, has proven, by a fair preponderance the evidence, that she suffered an adverse employment action while employed by the defendant City of Middletown?

Answer Yes or No

_________________________

1A. found:

If you answered yes, please list those "adverse" employment actions you

______________________________________________________________________ (If your answer to Interrogatory 1 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories. If your answer to Interrogatory 1 is Yes, please proceed to Interrogatory 2.)

2. Do you find that the plaintiff, Lynn Baldoni, has proven, by a fair preponderance the evidence, that as to each defendant, the adverse employment action occurred under circumstances giving rise to an inference of discrimination on the basis of her gender?

Answer Yes or No

_________________________

1

See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 (1973). 2

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(If your answer to Interrogatory 2 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories. If your answer to Interrogatory 2 is Yes, please proceed to Interrogatory 3.)

3. Do you find that, as to each defendant, the defendant has proffered a legitimate, non-retaliatory reason for the adverse employment action?

Answer Yes or No

_________________________

(If your answer to Interrogatory 3 is No, then please proceed to interrogatory 6. If your answer to Interrogatory 3 is Yes, please proceed to Interrogatory 4.)

4. Do you find that the plaintiff, Lynn Baldoni, has proven, by a fair preponderance of the evidence, that, as to each defendant, a discriminatory reason more likely motivated the defendant in undertaking the adverse employment action than the legitimate, non-discriminatory reason offered by the defendant? Answer Yes or No _________________________

(If your answer to Interrogatory 4 is Yes, please proceed to Interrogatory 5. If your answer to Interrogatory 4 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories.)

5. Do you find that the plaintiff, Lynn Baldoni, has proven, by a fair preponderance of the evidence, that, as to each defendant, the defendant's proffered explanation for the plaintiff's adverse employment action is unworthy of credence?

Answer Yes or No

_________________________

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(If your answer to Interrogatory 5 is Yes, please proceed to Interrogatory 6. If your answer to Interrogatory 5 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories.) 6. What damages do you find the plaintiff, Lynn Baldoni, proved, by a fair preponderance of the evidence, were proximately caused by the adverse employment actions in question? Lost Wages Lost Benefits Emotional distress damages $ + $ + $

AMOUNT OF TOTAL DAMAGES

= $

7. Do you find that the plaintiff, Lynn Baldoni, failed to properly mitigate any of her damages?

Answer Yes or No

_________________________

8. If your answer to interrogatory 7 was yes, reduce the amount of your award for each injury in which she failed to properly mitigate her damages. AMOUNT OF TOTAL DAMAGES (From Interrogatory 6) Amount of Reduction TOTAL REDUCED DAMAGES
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$

$ $

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__________________________ Foreperson*

__________________________ Date

*The foreperson should fill in the date and sign the verdict form in ink.

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PROPOSED JURY INTERROGATORY NO. TWO: TITLE VII RETALIATION.2 1. Do you find that the plaintiff, Lynn Baldoni, has proven, by a fair preponderance the evidence, that she suffered an adverse employment action while employed by the defendant City of Middletown?

Answer Yes or No

_________________________

1A.

If you answered yes, please list those "adverse" employment actions you found:

______________________________________________________________________ (If your answer to Interrogatory 1 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories. If your answer to Interrogatory 1 is Yes, please proceed to Interrogatory 2.)

2. Do you find that the plaintiff, Lynn Baldoni, has proven, by a fair preponderance the evidence, that, as to each defendant, the adverse employment action occurred under circumstances giving rise to an inference of retaliation on the basis of her complaints of sexual harassment?

Answer Yes or No

_________________________

See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 (1973); Terry v. Ashcroft, 336 F.3d 128, 141 (2d Cir. 2003)(applying McDonnell Douglas framework to Title VII retaliation claims.) 6
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(If your answer to Interrogatory 2 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories. If your answer to Interrogatory 2 is Yes, please proceed to Interrogatory 3.)

3. Do you find that, as to each defendant, the defendant has proffered a legitimate, non-retaliatory reason for the adverse employment action?

Answer Yes or No

_________________________

(If your answer to Interrogatory 3 is No, then please proceed to interrogatory 6. If your answer to Interrogatory 3 is Yes, please proceed to Interrogatory 4.) 4. Do you find that the plaintiff, Lynn Baldoni, has proven, by a fair preponderance of the evidence, that, as to each defendant, a retaliatory reason more likely motivated the defendant in undertaking the adverse employment action than the legitimate, non-retaliatory reason offered by the defendant? Answer Yes or No _________________________

(If your answer to Interrogatory 4 is Yes, please proceed to Interrogatory 5. If your answer to Interrogatory 4 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories.)

5. Do you find that the plaintiff, Lynn Baldoni, has proven, by a fair preponderance of the evidence, that, as to each defendant, the defendant's proffered explanation for the plaintiff's adverse employment action is unworthy of credence?

Answer Yes or No

_________________________

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(If your answer to Interrogatory 5 is Yes, please proceed to Interrogatory 6. If your answer to Interrogatory 5 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories.) 6. What damages do you find the plaintiff, Lynn Baldoni, proved, by a fair preponderance of the evidence, were proximately caused by the adverse employment actions in question? Lost Wages Lost Benefits Punitive Damages Emotional distress damages $ + $ + $_______________ + $

AMOUNT OF TOTAL DAMAGES

= $

7. Do you find that the plaintiff, Lynn Baldoni, failed to properly mitigate any of her damages?

Answer Yes or No

_________________________

8. If your answer to interrogatory 7 was yes, reduce the amount of your award for each injury in which she failed to properly mitigate her damages. AMOUNT OF TOTAL DAMAGES (From Interrogatory 6) Amount of Reduction
8
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$

$

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TOTAL REDUCED DAMAGES

$

__________________________ Foreperson*

__________________________ Date

*The foreperson should fill in the date and sign the verdict form in ink.

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PROPOSED JURY INTERROGATORY NO. THREE: FIRST AMENDMENT RETALIATION.3

1. Do you find that the plaintiff, Lynn Baldoni, has proven, by a fair preponderance the evidence, that she exercised protected speech regarding a matter of public concern?

Answer Yes or No

_________________________

(If your answer to Interrogatory 1 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories. If your answer to Interrogatory 1 is Yes, please proceed to Interrogatory 2.)

2. Do you find that the plaintiff, Lynn Baldoni, has proven, by a fair preponderance the evidence, that she suffered an adverse employment action while employed by the defendant City of Middletown?

Answer Yes or No 2A. found:

_________________________

If you answered yes, please list those "adverse" employment actions you

See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 (1973); Terry v. Ashcroft, 336 F.3d 128, 141 (2d Cir. 2003)(applying McDonnell Douglas framework to Title VII retaliation claims.) 10
One Goodwin Square 225 Asylum Street Hartford, CT 06103

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______________________________________________________________________ (If your answer to Interrogatory 2 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories. If your answer to Interrogatory 2 is Yes, please proceed to Interrogatory 3.)

3. Do you find that the plaintiff, Lynn Baldoni, has proven, by a fair preponderance the evidence, that, as to each defendant, the adverse employment action occurred under circumstances giving rise to an inference of retaliation on the basis of her complaints of sexual harassment?

Answer Yes or No

_________________________

(If your answer to Interrogatory 3 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories. If your answer to Interrogatory 3 is Yes, please proceed to Interrogatory 4.)

4. Do you find that, as to each defendant, the defendant has proffered a legitimate, non-retaliatory reason for the adverse employment action?

Answer Yes or No

_________________________

(If your answer to Interrogatory 4 is No, then please proceed to interrogatory 7. If your answer to Interrogatory 4 is Yes, please proceed to Interrogatory 5.)

5. Do you find that the plaintiff, Lynn Baldoni, has proven, by a fair preponderance of the evidence, that, as to each defendant, a retaliatory reason more likely motivated the defendant in undertaking the adverse employment action than the legitimate, non-retaliatory reason offered by the defendant?
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Answer Yes or No

_________________________

(If your answer to Interrogatory 5 is Yes, please proceed to Interrogatory 6. If your answer to Interrogatory 5 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories.)

6. Do you find that the plaintiff, Lynn Baldoni, has proven, by a fair preponderance of the evidence, that, as to each defendant, the defendant's proffered explanation for the plaintiff's adverse employment action is unworthy of credence?

Answer Yes or No

_________________________

(If your answer to Interrogatory 6 is Yes, please proceed to Interrogatory 7. If your answer to Interrogatory 6 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories.) 7. What damages do you find the plaintiff, Lynn Baldoni, proved, by a fair preponderance of the evidence, were proximately caused by the adverse employment actions in question? Lost Wages Lost Benefits Emotional distress damages $ + $ + $

AMOUNT OF TOTAL DAMAGES

= $

12
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8. Do you find that the plaintiff, Lynn Baldoni, failed to properly mitigate any of her damages?

Answer Yes or No

_________________________

9. If your answer to interrogatory 8 was yes, reduce the amount of your award for each injury in which she failed to properly mitigate her damages. AMOUNT OF TOTAL DAMAGES (From Interrogatory 6) Amount of Reduction TOTAL REDUCED DAMAGES $

$ $

__________________________ Foreperson*

__________________________ Date

*The foreperson should fill in the date and sign the verdict form in ink.

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PROPOSED JURY INTERROGATORY NO. FOUR: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS.4 1. We find that the plaintiff has proven by a preponderance of the evidence that, as to each defendant, that defendant intended to inflict emotional distress or knew, or should have known, that emotional distress was the likely result of his or her conduct;

Answer Yes or No

_________________________

(If your answer to Interrogatory 1 is Yes, please proceed to Interrogatory 2. If your answer to Interrogatory 1 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories.)

2. We find that the plaintiff has proven by a preponderance of the evidence that, as to each defendant, that defendant's conduct was extreme and outrageous;

Answer Yes or No

_________________________

(If your answer to Interrogatory 2 is Yes, please proceed to Interrogatory 3. If your answer to Interrogatory 2 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories.)

3. We find that the plaintiff has proven by a preponderance of the evidence that, as to each defendant, that defendant's conduct was a proximate cause of emotional distress suffered by the plaintiff;

Answer Yes or No

_________________________

4

See Petyan v. Ellis, 200 Conn. 243, 253 (1986). 14

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(If your answer to Interrogatory 3 is Yes, please proceed to Interrogatory 4. If your answer to Interrogatory 3 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories.)

4. We find that the plaintiff has proven by a preponderance of the evidence that the emotional distress sustained by the plaintiff was severe. Answer Yes or No _________________________

(If your answer to Interrogatory 4 is Yes, please proceed to Interrogatory 5. If your answer to Interrogatory 4 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories.)

5. What damages do you find the plaintiff, Lynn Baldoni, proved, by a fair preponderance of the evidence, were proximately caused by the defendant's extreme and outrageous conduct? Emotional distress damages + $

AMOUNT OF TOTAL DAMAGES

= $

6. Do you find that the plaintiff, Lynn Baldoni, failed to properly mitigate any of her damages?

Answer Yes or No

_________________________

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7. If your answer to interrogatory 6 was yes, reduce the amount of your award for each injury in which she failed to properly mitigate her damages. AMOUNT OF TOTAL DAMAGES (From Interrogatory 3) Amount of Reduction TOTAL REDUCED DAMAGES $

$ $

__________________________ Foreperson*

__________________________ Date

*The foreperson should fill in the date and sign the verdict form in ink.

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PROPOSED JURY INTERROGATORY NO. FIVE: NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS.5 1. We find that the plaintiff has proven by a preponderance of the evidence that, as to each defendant, that should have realized that their conduct involved an unreasonable risk of causing her emotional distress;

Answer Yes or No

_________________________

(If your answer to Interrogatory 1 is Yes, please proceed to Interrogatory 2. If your answer to Interrogatory 1 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories.)

2. We find that the plaintiff has proven by a preponderance of the evidence that, as to each defendant, that defendant's conduct, in view of all the circumstances, was unreasonable;

Answer Yes or No

_________________________

(If your answer to Interrogatory 2 is Yes, please proceed to Interrogatory 3. If your answer to Interrogatory 2 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories.)

3. We find that the plaintiff has proven by a preponderance of the evidence that, as to each defendant, that defendant's conduct occurred during the process of terminating the plaintiff's employment;

See Collins v. Gulf Oil Corp., 605 F. Supp. 1519,1523 (D. Conn. 1985); Parsons v. United Technologies Corp., 243 Conn. 66, 88-89 (1997); Montinieri v. Southern New England Telephone Co., 175 Conn. 337, 341 (1978); Perodeau v. City of Hartford, 259 Conn. 729, 792 A.2d 752 (2002). 17
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Answer Yes or No

_________________________

(If your answer to Interrogatory 3 is Yes, please proceed to Interrogatory 4. If your answer to Interrogatory 3 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories.) 4. We find that the plaintiff has proven by a preponderance of the evidence that, as to each defendant, that, from the facts known to the defendant, they should have realized that the distress, if proved, might result in illness or bodily harm;

Answer Yes or No

_________________________

(If your answer to Interrogatory 4 is Yes, please proceed to Interrogatory 5. If your answer to Interrogatory 4 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories.)

5. We find that the plaintiff has proven by a preponderance of the evidence that, as to each defendant, that defendant's conduct was a proximate cause of emotional distress suffered by the plaintiff;

Answer Yes or No

_________________________

(If your answer to Interrogatory 5 is Yes, please proceed to Interrogatory 6. If your answer to Interrogatory 5 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories.)

6. We find that the plaintiff has proven by a preponderance of the evidence that the emotional distress sustained by the plaintiff was severe.
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Answer Yes or No

_________________________

(If your answer to Interrogatory 6 is Yes, please proceed to Interrogatory 7. If your answer to Interrogatory 6 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories.)

7. We find that the defendants have proven by a preponderance of the evidence that the plaintiff was himself negligent and that it was the plaintiff's negligence that was the proximate cause for his claimed injuries or damages.

Answer Yes or No

_________________________

(If your answer to Interrogatory 7 is Yes, please proceed to Interrogatory 8. If your answer to Interrogatory 7 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories.)

8.

Do you find that the plaintiff was more than 50% negligent?

Answer Yes or No

_________________________

(If your answer to Interrogatory 8 is Yes, please proceed to Interrogatory 9. If your answer to Interrogatory 8 is No, you have completed your deliberations. You must return a defendant's Verdict. The foreperson must sign at the end of these interrogatories.) 9. What damages do you find the plaintiff, Lynn Baldoni, proved, by a fair preponderance of the evidence, were proximately caused by the defendant's extreme and outrageous conduct?

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Emotional distress damages

+ $

AMOUNT OF TOTAL DAMAGES

= $

10. Do you find that the plaintiff, Lynn Baldoni, failed to properly mitigate any of her damages?

Answer Yes or No

_________________________

11. If your answer to interrogatory 10 was yes, reduce the amount of your award for each injury in which she failed to properly mitigate her damages. AMOUNT OF TOTAL DAMAGES (From Interrogatory 3) Amount of Reduction TOTAL REDUCED DAMAGES $

$ $

__________________________ Foreperson*

__________________________ Date

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*The foreperson should fill in the date and sign the verdict form in ink.

THE DEFENDANTS CITY OF MIDDLETOWN J. EDWARD BRYMER DOMENIQUE THORNTON

By James M. Sconzo of Fed. Bar # ct04571 HALLORAN & SAGE LLP One Goodwin Square 225 Asylum Street Hartford, CT 06103

CERTIFICATION This is to certify that on this 23rd day of March, 2004, a copy of the foregoing was mailed, postage prepaid, to: James S. Brewer, Esq. Attorney Erin O'Neil 818 Farmington Avenue West Hartford, CT 06119 Trina Solecki, Esq. City Attorney P.O. Box 1300 Middletown, CT 06457 ________________________ James M. Sconzo
529516.1(HSFP)

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