Free Verdict Sheet - District Court of Delaware - Delaware

Case 1:04-cv-01254-GMS

Document 177

Filed 03/19/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

HARRY SMITH, JR. and ROSLYN WOODARD SMITH, Individually and as Administrators of THE ESTATE OF HARRY SMITH, III Plaintiffs, v. CITY OF WILMINGTON, JOHN CIRITELLA, THOMAS DEMPSEY, and MATTHEW KURTEN, Defendants.

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Case No. 04-1254-GMS

PLAINTIFFS' AMENDED APPENDIX D ­ 1 PROPOSED VERDICT FORM / SPECIAL INTERROGATORIES Do you find from a preponderance of the evidence: 1. That the Defendant John Ciritella used excessive force against Harry Smith, III? Answer: Yes ___________ No ________________

2. That the Defendant Thomas Dempsey used excessive force against Harry Smith, III? Answer: Yes ___________ No ________________

3. That the Defendant Matthew Kurten used excessive force against Harry Smith, III? Answer: Yes ___________ No ________________

IF YOU ANSWERED NO TO ALL OF THE THREE QUESTIONS ABOVE, THEN SKIP TO QUESTION # 9 BELOW. IF YOU ANSWERED YES TO ANY OF THE THREE QUESTIONS ABOVE, THEN GO TO QUESTION # 4 BELOW.
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Case 1:04-cv-01254-GMS

Document 177

Filed 03/19/2007

Page 2 of 2

4. State the amount of money you award to the Estate on behalf of Harry Smith, III. $___________________ 5. State the amount of money you award to the parents of Harry Smith, III. $___________________ 6. Is the City of Wilmington responsible for any or all of these police officers using excessive force against Harry Smith, III? Answer: Yes ___________ No ________________

IF YOU ANSWERED NO TO QUESTION # 6, THEN SKIP TO QUESTION # 9 BELOW. IF YOU ANSWERED YES TO QUESTION # 6, THEN ANSWER QUESTIONS #7 AND # 8. 7. State the amount of money you award to the Estate on behalf of Harry Smith, III. $___________________ 8. State the amount of money you award to the parents of Harry Smith, III. $___________________ 9. Was the corpse of Harry Smith, III abused? Answer: Yes ___________ No ________________

IF YOU ANSWERED NO TO QUESTION # 9, THEN STOP HERE. IF YOU ANSWERED YES TO QUESTION #9, THEN ANSWER QUESTION #10. 10. State the amount of money you award to the parents of Harry Smith, III. $___________________

SO SAY WE ALL. DATED: __________________

____________________ Foreperson

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