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Castellanos v. Maya

United States District Court, N.D. California

August 1, 2016

EDIN S. CASTELLANOS, Plaintiff,
v.
JEREMY J. MAYA, Defendant.

          FINAL JURY INSTRUCTIONS

          Jeffrey S. White United State District judge

         Table of Contents Duties of Jury to Find Facts and Follow Law ........................ 3

         What is Evidence ....................... 4

         What is Not Evidence ................ 5

         Direct and Circumstantial Evidence ....................... 6

         Evidence for Limited Purpose ... 7

         Credibility of Witnesses ............ 8

         Stipulations of Fact .................. 10

         Deposition in Lieu of Live Testimony ................... 11

         Tests and Experiments ............ 12

         Expert Opinion ........................ 13

         Section 1983 Claims - Introductory Instruction ................. 14

         Section 1983 Claims Against Defendant in Individual Capacity Elements and Burden of Proof ............. 15

         Burden of Proof - Preponderance of the Evidence ..................... 16

         Particular Rights - First Amendment - Citizen Plaintiff ............ 17

         Particular Rights - Fourth Amendment -Unreasonable Seizure of Person - Excessive Force ...... 18

         Particular Rights - Fourteenth Amendment - Due Process - Deliberate Fabrication of Evidence .............. 20

         Damages - Proof ..................... 21

         Proximate Cause ...................... 22

         Nominal Damages ................... 23

         Punitive Damages .................... 24

         Duty to Deliberate ............................... 25

         Consideration of Evidence - Conduct of the Jury ...................... 26

         Use of Notes .................. 27

         Evidence in Electronic Format ...................... 28

         Communication with Court ..................... 29

         Return of Verdict ......................... 30

         Duties of Jury to Find Facts and Follow Law

         Members of the Jury: Now that you have heard all of the evidence, it is my duty to instruct you as to the law of the case. A copy of these instructions will be sent with you to the jury room when you deliberate.

         You must not infer from these instructions or from anything I may say or do as indicating that I have an opinion regarding the evidence or what your verdict should be.

         It is your duty to find the facts from all the evidence in the case. To those facts you will apply the law as I give it to you. You must follow the law as I give it to you whether you agree with it or not. And you must not be influenced by any personal likes or dislikes, opinions, prejudices, or sympathy. That means that you must decide the case solely on the evidence before you. You will recall that you took an oath to do so.

         In following my instructions, you must follow all of them and not single out some and ignore others; they are all important.

         What is Evidence

         The evidence you are to consider in deciding what the facts are consists of:

         2. the exhibits which are received into evidence; and

         What is Not Evidence

         In reaching your verdict, you may consider only the testimony and exhibits received into evidence. Certain things are not evidence, and you may not consider them in deciding what the facts are. I will list them for you:

         1. Arguments and statements by lawyers are not evidence. The lawyers are not witnesses. What they have said in their opening statements, will say in their closing arguments, and at other times is intended to help you interpret the evidence, but it is not evidence. If the facts as you remember them differ from the way the lawyers have stated them, your memory of them controls.

         2. Questions and objections by lawyers are not evidence. Attorneys have a duty to their clients to object when they believe a question is improper under the rules of evidence. You should not be influenced by the objection or by the court’s ruling on it.

         3. Testimony that has been excluded or stricken, or that you have been instructed to disregard, is not evidence and must not be considered.

         4. Anything you may have seen or heard when the court was not in session is not evidence. You are to decide the case solely on the evidence received at the trial.

         Direct and Circumstantial Evidence

         Evidence may be direct or circumstantial. Direct evidence is direct proof of a fact, such as testimony by a witness about what that witness personally saw or heard or did. Circumstantial evidence is proof of one or more facts from which you could find another fact. You should consider both kinds of evidence. The law makes no distinction between the weight to be given to either direct or circumstantial evidence. It is for you to decide how much weight to give to any evidence.

         Evidence for Limited Purpose

         Some evidence was admitted for a limited purpose only. If I instructed you that an item of evidence was admitted for a limited purpose, you must consider it only for ...


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