WPI 348.11 Civil Rights—Fourth Amendment—Unreasonable Force—Punitive Damages—Individual Defenda...
6A WAPRAC WPI 348.11Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 348.11 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XVII. Civil Rights
Chapter 348. Civil Rights—Damages and Verdict Forms
WPI 348.11 Civil Rights—Fourth Amendment—Unreasonable Force—Punitive Damages—Individual Defendant—Special Verdict Form
(Insert caption.)
We, the jury, answer the questions submitted by the court as follows:
[QUESTION 1: Did(identify person)use [fail to intervene to prevent or stop the use of] unreasonable force?]
[QUESTION 1: Did(identify person who allegedly supervised others)cause(name of plaintiff)to be subjected to a deprivation of [his] [her] Fourth Amendment rights by:
Taking action, or failing to act, when(identify person who allegedly supervised others)knew or reasonably should have known that this would cause others to use unreasonable force against(name of plaintiff), and thereby(identify person who allegedly supervised others)set in motion a series of acts by those [he] [she] supervised, that resulted in the use of unreasonable force?]
ANSWER: (Write “yes” or “no”)
(DIRECTION:
• If you answered “no” to Question 1, do not answer any other questions; sign this verdict form.
• If you answered “yes” to Question 1, answer Question 2.)
QUESTION 2: Was the unreasonable force a [proximate] cause of injury or damage?
ANSWER: (Write “yes” or “no”)
(DIRECTION:
• If you answered “no” to Question 2, do not answer Question 3; skip ahead to Question 4.
• If you answered “yes” to Question 2, answer Question 3.)
QUESTION 3: What do you find to be(name of plaintiff)'s amount of damages?
ANSWER: $
(DIRECTION: Proceed to Question 4.)
QUESTION 4: When considering whether to impose punitive damages, please answer these questions:
(a) Did(name of defendant)act, or fail to act, with an evil motive or intent?
ANSWER: (Write “yes” or “no”)
(b) Did(name of defendant)act, or fail to act, with reckless or callous indifference to the plaintiff's federally protected rights?
ANSWER: (Write “yes” or “no”)
(DIRECTION:
• If you answered “no” to both Question(s) 4(a) and 4(b), do not answer Question 5; sign this verdict form.
• If you answered “yes” to Question 4 (a) or Question 4(b), or to both, answer Question 5.)
QUESTION 5: What do you find to be the amount of the punitive damages, if any?
ANSWER: $
(DIRECTION: Sign this verdict form and notify the bailiff.)
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| Presiding Juror |
NOTE ON USE
This instruction is an alternative to WPI 348.10 (Civil Rights—Fourth Amendment—Unreasonable Force—No Punitive Damages—Individual Defendant—Special Verdict Form) for use in cases in which punitive damages are being requested.
For further discussion of the use of this verdict form, see the Note on Use to WPI 348.10 (Civil Rights—Unreasonable Force—Special Verdict Form).
[Current as of September 2018.]
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