Free Verdict Sheet - District Court of Delaware - Delaware

Case 1:04-cv-01254—G|\/IS Document 207-3 Filed 04/14/2007 Page 1 0f4

Case 1:04-cv-01254—Gl\/IS Document 207-3 Filed 04/14/2007 Page 2 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HARRY SMITH, JR. and ROSLYN )
WOODARD SNHTH, individually and as )
Administrators of THE ESTATE OF HARRY )
SMETH, IH )
)
Plaintiffs, ) Case No. 044254-GMS
)
v-i )
)
JOHN CIRITELLA, THOMAS DEMPSEY, )
and MATTHEW KURTEN, )
)
Defendants. )
)
VERDICT FORM
The Constitutional Claims
1 . Do you find by a preponderance of the evidence that any of the defendants used
excessive force and deprived Hairy Smith, HI ofiiis rights under the United States
Constitution or the Delaware Constitution?
YES___ NO
Instruction:
If your answer is "Yes," go to questions 2 and 3.
If your answer is “No," go to question 4, do not answer questions 2 and 3.
2 . Which ofthe defendants do you find used excessive force and deprived Harry Smith,
HI of his constitutional rights?
John Ciritelia YES NO
Thomas Dempsey YES NO
Matthew Kurten YES NO

Case 1:04-cv-01254—G|\/IS Document 207-3 Filed 04/14/2007 Page 3 of 4
3 . State the amount you award to the Estate on behalf of Hany Smith, HI.

Instruction: Go to question 4.
The State Law Ciaim For Wrongful Death
a . Do you tind by a preponderance of the evidence that any of the defendants
wrongfully caused the death of Harry Smith, III?
John Cnitelia YES NO
Thomas Dempsey YES NO
Matthew Kurten YES NO
Instruction:
If you answered "Yes," to any of the above, go to question S.
If you answered "N0" to ai} of the above you are finished. Do not answer the
remaining questions.
5 . For each defendant for whom you checked "YES" in response to the previous
question, do you find by a preponderance ofthe evidence this defendant acted with
wanton negligence or wiiifui and malicious intent.
John Ciritella YES NO__ NOT APPLICABLE____
Thomas Dempsey YES NO_________ NOT APPLICABLEWPWPPM
Matthew Kurten YESMWWWFW NO__ NOT APPLiCABLE_____
Instruction:
If you answered "Yes" to any defendant, go to question 6.
If you answered "No" or "Not Applieabie” you are finished. Do not answer the
remaining questions.

Case 1:04-cv-01254—Gl\/IS Document 207-3 Filed 04/14/2007 Page 4 of 4
6. For each defendant for whom you checked "YES" in response to the previous
question, do you find this defendant used excessive force and acted wantonly or with
wiiiful and malicious intent?
John Ciritelia YES NO NOT APPLICABLE
Thomas Dempsey YES NO NOT APPLICABLE
Matthew Kurten YES NO NOT APPLICABLE
Instruction:
If you answered "Yes" to any of the above, go to question 7.
if you answered “N0" or "Not Applicable" to nil ofthe above, you are
finished.
7 . State the amount you award to Harry Smith, Jr, and Roslyn Woodward Smith.
$_m___,___,__________;
Signed this mw day ofAp1·il, 2007
Jury Foreperson