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Garcia v. Lange

United States District Court, N.D. California

June 21, 2017

DANIEL C. GARCIA, Plaintiff,
v.
ALEC LANGE and CITY OF SANTA CLARA, Defendants.

          JURY VERDICT

         We, the jury in the above entitled action, unanimously find as follows on the questions presented to us:

         CLAIM I: VIOLATION OF FEDERAL CONSTITUTIONAL RIGHTS UNDER 42 U.S.C. § 1983

         Question No. 1:

         Did plaintiff Daniel C. Garcia prove, by a preponderance of the evidence, that defendant Alec Lange used excessive or unreasonable force against him in the police car outside the Santa Clara Marriott Hotel, as defined in the instructions?

Yes __ No ___

         Please answer the next question.

         Question No. 2:

         Did plaintiff, Daniel C. Garcia, prove, by a preponderance of the evidence, that defendant Alec Lange used excessive or unreasonable force against him in the Santa Clara County Main Jail, as defined in the instructions?

Yes __ No ___

         If your answer to both Question No. 1 and Question No. 2 was “no, ” please go to the end of the verdict form, and have the Foreperson date and sign it. Otherwise, please answer the next question.

         CLAIM II: VIOLATION OF STATE LAW CONCERNING BATTERY BY A POLICE OFFICER

         Question No. 3:

         Did plaintiff, Daniel C. Garcia, prove, by a preponderance of the evidence, that defendant Alec Lange intentionally touched Garcia or caused Garcia to be touched in the police car at the Santa Clara Marriott and/or at the Santa Clara County Main Jail?

Police Car: Yes __ No ___
Main Jail: Yes __ No ___

         If your answer to both parts of Question No. 3 was “no, ” please go to Question No. 8. Otherwise, please answer the next question.

         Question No. 4:

         Did plaintiff Daniel C. Garcia prove, by a preponderance of the evidence, that defendant Alec Lange used unreasonable force in the police car at the Santa Clara Marriott and/or at the Santa Clara County Main Jail?

Police Car: Yes __ No ___
Main Jail: Yes __ No ___

         If your answer to both parts of Question No. 4 was “no, ” please go to Question No. 8. Otherwise, please answer the next question.

         Question ...


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