The opinion of the court was delivered by: THELTON HENDERSON, Senior District Judge
This case came on regularly for trial commencing June 8, 2004.
Plaintiff was represented by William Gordon Lewis, Lewis &
Johnson, and Edith J. Benay, Law Office of Edith J. Benay.
Defendants were represented by Deputy City Attorneys Karen E.
Kirby and Jonathan U. Lee. A panel of seven jurors was selected
and sworn. One juror was excused shortly thereafter, leaving a
total of six members of the jury throughout the remainder of the
trial. The witnesses and evidence were presented, arguments
concluded, and the jury was duly instructed. On June 18, 2004,
the jury deliberated and thereafter returned with a special
verdict, which is attached hereto and incorporated herein as
Therefore, with GOOD CAUSE APPEARING, IT IS HEREBY ORDERED
ADJUDGED AND DECREED that plaintiff John R. Ulrich, Jr. shall
recover from defendants the following based on the special
1. $3,000,000.00 (three million dollars) on his First Amendment
claim; and 2. $1,300,000.00 (one million three hundred thousand dollars)
on his Fourteenth Amendment claim.
Plaintiff is awarded costs according to proof.
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF
JOHN R. ULRICH, JR.,
v. NO. C-99-05003 TEH
CITY AND COUNTY OF SAN
FRANCISCO, LAGUNA HONDA VERDICT FORM
1. Did Plaintiff prove by a preponderance of the evidence that
he was subjected to an adverse employment action through one or
more of Defendants' following actions: (a) Conducting a peer
review investigation; (b) Declining to rescind Plaintiff's
resignation; (c) Sending an adverse action report to the National
Practitioners Data Bank; (d) Refusing to void that report
thereafter; or (e) cancellation of the October 22, 1998 meeting
between Dr. Ulrich and the Peer Review Committee to present his
If your answer to No. 1 is NO, skip to Question No. 6. 2. If your answer to No. 1 is YES, did Plaintiff prove by a
preponderance of the evidence that his speech activity was a
substantial motivating factor in Defendants' decision(s) to take
any of the actions described in No. I above?
If your answer to No. 2 is NO, skip to ...