IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF IOWA

WESTERN DIVISION





SHANE WILLIAM ROONEY, JOHN P. ROONEY, and MARGARET J. ROONEY, Attorney's in Fact for Shane W. Rooney,
Plaintiffs,

No. C98-4009-MWB

vs.

PRELIMINARY AND FINAL JURY INSTRUCTIONS

SGT. TODD HARLOW, individually and in his official capacity as Jailor/Woodbury County Sheriff's Deputy, OFFICER RANDY UHL, individually and in his official capacity as Jailor/Woodbury County Sheriff's Deputy, and KEN BLIVEN, individually and in his official capacity as Nurse at the Woodbury County Jail,
Defendants.

____________________







TABLE OF CONTENTS



PRELIMINARY INSTRUCTIONS

NO. 1 - PRELIMINARY INSTRUCTIONS

NO. 2 - GENERAL

NO. 3 - BURDEN OF PROOF

NO. 4 - ELEMENTS OF CLAIMS

NO. 5 - DUTY OF JURORS

NO. 6 - ORDER OF TRIAL

NO. 7 - DEFINITION OF EVIDENCE

NO. 8 - CREDIBILITY OF WITNESSES

NO. 9 - STIPULATED FACTS

NO. 10 - DEPOSITIONS

NO. 11 - INTERROGATORIES

NO. 12 - OBJECTIONS

NO. 13 - BENCH CONFERENCES

NO. 14 - NOTE-TAKING

NO. 15 - ADMONITION

FINAL INSTRUCTIONS

NO. 1 - INTRODUCTION

NO. 2 - CLAIMS

NO. 3 - IMPEACHMENT OF WITNESSES

NO. 4 - DELIBERATE INDIFFERENCE
TO SERIOUS MEDICAL NEEDS

NO. 5 - ACTUAL DAMAGES

NO. 6 - DAMAGES--SPECIFIC ITEMS

NO. 7 - DAMAGES--NOMINAL

NO. 8 - DAMAGES--PUNITIVE

NO. 9 - DELIBERATIONS



VERDICT FORM

PRELIMINARY INSTRUCTION NO. 1 - PRELIMINARY INSTRUCTIONS



Members of the jury, before the lawyers make their opening statements, I give you these preliminary instructions to help you better understand the trial and your role in it. Consider these instructions, together with any oral instructions given to you during the trial and the written final instructions given at the end of the trial, and apply them as a whole to the facts of the case. In considering these instructions, the order in which they are given is not important.



PRELIMINARY INSTRUCTION NO. 2 - GENERAL



The following brief summary of the case is not to be considered evidence or proof of any facts or events in the case. It simply informs you of the factual disputes between the parties.

This is a civil case brought by plaintiffs John P. Rooney and Margaret J. Rooney on behalf of their son, Shane Rooney, who was jailed at the Woodbury County Jail, against defendants Dave Amick, Woodbury County Sheriff, Lt. Lynnette Redden, a Woodbury County Jail administrator, Sgt. Todd Harlow, a Woodbury County Jail jailor, Randy Uhl, a Woodbury County Jail jailor, Ken Blivens, a Woodbury County Jail nurse, and Woodbury County, Iowa.

Plaintiffs contend that while Shane Rooney, a diagnosed schizophrenic who was taking prescription medication for his illness, was incarcerated at the Woodbury County Jail he was not provided with his prescription drugs in accordance with his physician's schedule and that his medication was administered infrequently throughout his incarceration. Plaintiffs further claim that during the time he was incarcerated, he suffered a physical injury and was eventually removed from the jail by an emergency medical team in a near comatose state. Plaintiffs seek damages for the resulting injuries. Defendants deny these claims and contend that they treated Shane Rooney properly at all times.

You will be asked to resolve these disputes between the parties.

PRELIMINARY INSTRUCTION NO. 3 - BURDEN OF PROOF



In these instructions, you are told that your verdict depends on whether you find certain facts have been proved. Plaintiffs have the burden of proving their claims by the greater weight of the evidence. To prove something by the greater weight of the evidence is to prove that it is more likely true than not true. It is determined by considering all of the evidence and deciding which evidence is more believable. If, on any issue in the case, the evidence is equally balanced, you cannot find that issue has been proved.

The "greater weight" of the evidence is not necessarily determined by the greater number of witnesses or exhibits a party has presented. The testimony of a single witness that produces in your mind a belief in the likelihood of truth is sufficient for proof of any fact and would justify a verdict in accordance with such testimony. This is so, even though a number of witnesses may have testified to the contrary, if after consideration of all of the evidence in the case, you hold a greater belief in the accuracy and reliability of that one witness.

You may have heard of the term "proof beyond a reasonable doubt." That is a stricter standard which applies in criminal cases. It does not apply in civil cases such as this. You should, therefore, put it out of your minds.

PRELIMINARY INSTRUCTION NO. 4 - ELEMENTS OF CLAIMS



To help you follow the evidence, here is a brief summary of the elements of the plaintiffs' claims.

Count I - Failure To Protect

To win their claim of failure to protect, the plaintiffs must prove the following four essential elements by the greater weight of the evidence as to a particular defendant:

One, one or more law enforcement officers struck, hit, or kicked Shane Rooney while he was being held in the Woodbury County Jail, or Shane Rooney inflicted injuries to his own body;

Two, that defendant was aware of the substantial risk of such actions occurring;

Third, that defendant, with deliberate indifference to Shane Rooney's need to be protected from such actions, failed to protect him; and

Fourth, as a direct result, plaintiff was damaged.

If the plaintiffs have failed to prove all of the above elements by the greater weight of the evidence, your verdict must be for the defendants on the plaintiffs' claim of failure to protect.



Count II - Deliberate Indifference To Serious Medical Needs

To win their claim of deliberate indifference to serious medical needs, the plaintiffs must prove the following four essential elements by the greater weight of the evidence as to a particular defendant:

One, Shane Rooney had a serious need for receiving prescription medications and was in need of emergency medical treatment;

Second, that defendant was aware of Shane Rooney's serious need for such medical treatment;

Third, that defendant, with deliberate indifference, failed to provide medical care or take direct action to ensure that medical care be provided within a reasonable time; and

Fourth, as a direct result, Shane Rooney was damaged.

If the plaintiffs have failed to prove all of the above elements by the greater weight of the evidence, your verdict must be for the defendants on the plaintiffs' claim of deliberate indifference to serious medical needs.



Count III - Municipal Liability

A municipality, such as Woodbury County, may be held liable for the actions of its law enforcement officers, such as defendants Amick, Redden, Harlow, Uhl or Bliven, if the officer's violation of a plaintiff's constitutional rights occurred as a direct result of a municipal policy, custom, or practice. Therefore, in order for the plaintiffs to prevail on a claim against Woodbury County, the plaintiffs must prove the following two essential elements by the greater weight of the evidence:

One, Shane Rooney was deprived of a constitutional right or rights by one or more defendants; and

Two, that defendant's improper actions were a result of a policy, custom, or practice of Woodbury County.

A municipality, such as Woodbury County, may also be held liable for the actions of its law enforcement officers, such as defendants Amick, Redden, Harlow, Uhl or Bliven, if the County failed to train the officers properly. In order for the plaintiffs to prevail on a claim that Woodbury County failed to train defendants properly, the plaintiffs must prove the following three essential elements by the greater weight of the evidence:

One, one or more defendants violated one or more of Shane Rooney's constitutional rights by failing to protect him, or by being deliberately indifferent to Shane Rooney's serious medical needs;

Two, the County failed to train that or those defendants adequately, in such a manner so as to represent a policy or custom of the County showing deliberate indifference by the County to the constitutional rights of its citizens; and

Three, Shane Rooney was injured by the violation of his constitutional rights.

In addition, a municipality, such as Woodbury County, may be held liable for the actions of its law enforcement officers, such as defendants Amick, Redden, Harlow, Uhl or Bliven, if the County failed to supervise the officers properly. In order for the plaintiffs to prevail on a claim that Woodbury County failed to supervise defendants properly, the plaintiffs must prove the following five essential elements by the greater weight of the evidence:

One, one or more defendants violated one or more of Shane Rooney's constitutional rights by failing to protect him, or by being deliberately indifferent to Shane Rooney's serious medical needs;

Two, the County received notice of a pattern of unconstitutional acts committed by its law enforcement officers;

Three, the County demonstrated deliberate indifference to or tacit authorization of the prior unconstitutional acts.

Four, the County failed to take sufficient remedial action.

Five, Shane Rooney was injured by the violation of his constitutional rights.

This is only a preliminary outline of the elements of the plaintiffs' claims. At the end of the trial, I will give you final written instructions that explain these claims in greater detail. Because they are more detailed, those final instructions govern on the elements of the plaintiffs' claims.

PRELIMINARY INSTRUCTION NO. 5 - DUTY OF JURORS



It will be your duty to decide from the evidence what the facts are. You, and you alone, are the judges of the facts. You will hear the evidence, decide what the facts are and then apply those facts to the law which I will give you in these preliminary instructions, any instructions given during the trial, and in the final instructions at the conclusion of the case. You will then deliberate and reach your verdict. You are the sole judges of the facts; but you must follow the law as stated in my instructions, whether you agree with it or not.

You have been chosen and sworn as jurors in this case to try the issues of fact presented by the parties. Do not allow sympathy or prejudice to influence you. The law demands of you a just verdict, unaffected by anything except the evidence, your common sense, and the law as I will give it to you.

This case should be considered and decided by you as an action between persons of equal standing in the community, of equal worth, and holding the same or similar stations in life. In this case, the defendants are corporations. The mere fact that a party is a corporation does not mean that it is entitled to any greater or lesser consideration by you. All persons, including individuals and corporations, stand equal before the law, and are entitled to the same fair consideration by you.

When a municipality is involved, of course, it may act only through its employees; and, in general, any employee of a municipality may bind the municipality by the acts and declarations made while acting within the scope of the authority delegated to the employee by the municipality, or within the scope of the employee's duties as an employee of the municipality.

You should not take anything I may say or do during the trial as indicating what I think of the evidence or what I think your verdict should be.

PRELIMINARY INSTRUCTION NO. 6 - ORDER OF TRIAL



The trial will proceed in the following order:

After I conclude these preliminary instructions, the plaintiffs' lawyer may make an opening statement. Next, the defendants' lawyer may make an opening statement. An opening statement is not evidence, but is simply a summary of what the lawyers expect the evidence to be.

The plaintiff will then present evidence and witnesses and the defendants may cross-examine. Following the plaintiffs' case, the defendants may present evidence and witnesses and the plaintiff may cross-examine. Following the defendants' case, the plaintiffs may take a further opportunity to present additional evidence.

After the evidence is concluded, I will give you the final instructions on the law that you are to apply in reaching your verdict. The lawyers will then make their closing arguments to summarize and interpret the evidence for you. As with opening statements, closing arguments are not evidence. I will then give you some final instructions on deliberations, and you will retire to deliberate on your verdict.

PRELIMINARY INSTRUCTION NO. 7 - DEFINITION OF EVIDENCE



You shall base your verdict only upon the evidence, these instructions, and other instructions that I may give you during the trial.

Evidence is:

1. Testimony in person or testimony previously given, which includes depositions or videotaped depositions.

2. Exhibits admitted into evidence by the court.

3. Stipulations, which are agreements between the parties.

4. Any other matter admitted into evidence.

Evidence may be direct or circumstantial. You should not be concerned with these terms since the law makes no distinction between the weight to be given to direct and circumstantial evidence. The weight to be given any evidence is for you to decide.

The following are not evidence:

1. Statements, arguments, questions, and comments by the lawyers.

2. Objections and rulings on objections.

3. Testimony I tell you to disregard.

4. Anything you saw or heard about this case outside the courtroom.

You should not take anything I may say or do during the trial as indicating what I think of the evidence.

PRELIMINARY INSTRUCTION NO. 8 - CREDIBILITY OF WITNESSES



In deciding what the facts are, you may have to decide what testimony you believe and what testimony you do not believe. You may believe all of what a witness says, or only part of it, or none of it.

In deciding what testimony to believe, consider the witnesses' intelligence, their opportunity to have seen or heard the things they testify about, their memories, the motives they may have for testifying a certain way, their manner while testifying, whether they said something different at an earlier time, the general reasonableness of their testimony, and the extent to which their testimony is consistent with other evidence that you believe.

In deciding whether or not to believe a witness, keep in mind that people sometimes hear or see things differently and sometimes forget things. You need to consider therefore whether a contradiction is an innocent misrecollection or lapse of memory or an intentional falsehood, and that may depend on whether it has to do with an important fact or only a small detail.

You may hear testimony from persons described as experts. Persons who have become experts in a field because of their education and experience may give their opinions on matters in that field and the reasons for their opinions. Consider expert testimony just like any other testimony. You may accept it or reject it. You may give it as much weight as you think it deserves, considering the witness's education and experience, the reasons given for the opinion, and all the other evidence in the case.

Also, an expert witness may be asked to assume certain facts are true and to give an opinion based on that assumption. This is called a hypothetical question. If any facts assumed in the question are not proved by the evidence, you should decide if that omission affects the value of the expert's opinion.

PRELIMINARY INSTRUCTION NO. 9 - STIPULATED FACTS



The plaintiff and defendants have agreed or "stipulated" to certain facts and have reduced these facts to a written agreement or stipulation. Any counsel may, throughout the trial, read to you all or a portion of the stipulated facts. You should treat these stipulated facts as having been proved.



PRELIMINARY INSTRUCTION NO. 10 - DEPOSITIONS



Certain testimony from a deposition may be read into evidence. A deposition is testimony taken under oath before the trial and preserved in writing. Consider that testimony as if it had been given in court.

PRELIMINARY INSTRUCTION NO. 11 - INTERROGATORIES



During this trial, you may hear the word "interrogatory." An interrogatory is a written question asked by one party of another, who must answer it under oath in writing. Consider interrogatories and the answers to them as if the questions had been asked and answered here in court.

PRELIMINARY INSTRUCTION NO. 12 - OBJECTIONS



From time to time during the trial I may be called upon to make rulings of law on objections or motions made by the lawyers. It is the duty of the lawyer for each party to object when another party offers testimony or other evidence that the lawyer believes is not properly admissible. You should not show prejudice against a lawyer or the party the lawyer represents because the lawyer has made objections. You should not infer or conclude from any ruling or other comment I may make that I have any opinions on the merits of the case favoring one side or the other. Also, if I sustain an objection to a question that goes unanswered by the witness, you should not draw any inferences or conclusions from the question itself.

PRELIMINARY INSTRUCTION NO. 13 - BENCH CONFERENCES



During the trial it may be necessary for me to talk with the lawyers out of your hearing, either by having a bench conference here while you are present in the courtroom, or by calling a recess. Please understand that while you are waiting, we are working. The purpose of these conferences is to decide how certain evidence is to be treated under the rules of evidence, and to avoid confusion and error. We will, of course, do what we can to keep the number and length of these conferences to a minimum.







PRELIMINARY INSTRUCTION NO. 14 - NOTE-TAKING



If you want to take notes during the trial, you may. However, it is difficult to take detailed notes and pay attention to what the witnesses are saying. If you do take notes, be sure that your note-taking does not interfere with listening to and considering all of the evidence. Also, if you take notes, do not discuss them with anyone before you begin your deliberations. Do not take your notes with you at the end of the day. Be sure to leave them on your chair in the courtroom. The court attendant will safeguard the notes. No one will read them. The notes will remain confidential throughout the trial and will be destroyed at the conclusion of the trial.

If you choose not to take notes, remember it is your own individual responsibility to listen carefully to the evidence. You cannot give this responsibility to someone who is taking notes. We depend on the judgment of all members of the jury; you must all remember and consider the evidence in this case.

Whether or not you take notes, you should rely on your own memory regarding what was said. Your notes are not evidence. A juror's notes are not more reliable than the memory of another juror who chooses to consider the evidence carefully without taking notes. You should not be overly influenced by the notes.

You will notice that we do have an official court reporter making a record of the trial. However, we will not have typewritten transcripts of this record available for your use in reaching your verdict.



PRELIMINARY INSTRUCTION NO. 15 - ADMONITION



You will not be required to remain together while court is in recess. However, to ensure fairness, you, as jurors, must obey the following rules:

First, do not talk among yourselves about this case, or about anyone involved with it, until the end of the case when you go to the jury room to decide on your verdict.

Second, do not talk with anyone else about this case, or about anyone involved with it, until the trial has ended and you have been discharged as jurors.

Third, when you are outside the courtroom, do not let anyone tell you anything about the case, or about anyone involved with it until the trial has ended and your verdict has been accepted by me. If someone should try to talk to you about the case during the trial, please report it to me.

Fourth, during the trial you should not talk with or speak to any of the parties, lawyers or witnesses involved in this case--you should not even pass the time of day with any of them. It is important not only that you do justice in this case, but that you also give the appearance of doing justice. If a person from one side of the lawsuit sees you talking to a person from the other side--even if it is simply to pass the time of day--an unwarranted and unnecessary suspicion about your fairness might be aroused. If any lawyer, party, or witness does not speak to you when you pass in the hall, ride the elevator, or the like, remember it is because they are not supposed to talk or visit with you either.

Fifth, do not read any news stories or articles about the case, or about anyone involved with it, or listen to any radio or television reports about the case or about anyone involved with it.

Sixth, do not do any research or make any investigation about the case on your own.

Seventh, do not make up your mind during the trial about what the verdict should be. Keep an open mind until after you have gone to the jury room to decide the case and you and your fellow jurors have discussed the evidence.

DATED this 4th day of October, 1999.



_____________________________

MARK W. BENNETT

U. S. DISTRICT COURT JUDGE

FINAL INSTRUCTION NO. 1 - INTRODUCTION



Members of the jury, the instructions I gave you at the beginning of the trial and any oral or written instructions I gave you during the trial remain in effect. I now give you some additional instructions.

You must, of course, continue to follow the instructions I gave you earlier, as well as those I give you now. You must not single out some instructions and ignore others, because all are important. The instructions I am about to give you now, as well as the preliminary instructions given to you at the beginning of the trial, are in writing and will be available to you in the jury room. I emphasize, however, that the final instructions are not more important than the preliminary instructions, nor are written instructions more important than oral ones. Again, all instructions, whenever given and whether in writing or not, must be followed. This is true even though some of the instructions I gave you at the beginning of the trial or during trial are not repeated here.

In considering these instructions, the order in which they are given is not important.

Neither in these instructions nor in any ruling, action, or remark that I have made during the course of this trial have I intended to give any opinion or suggestion as to what your verdict should be.

FINAL INSTRUCTION NO. 2 - CLAIMS



The plaintiffs' failure to protect claim is no longer before you and need not be decided by you. Also, the plaintiffs' claims against defendants Dave Amick, Lynnette Redden, and Woodbury County are no longer before you and need not be decided by you. You should draw no inference from these facts. The plaintiffs' sole claim against defendants Todd Harlow, Randy Uhl, and Ken Bliven is that they were deliberately indifferent to Shane Rooney's serious medical needs.

FINAL INSTRUCTION NO. 3 - IMPEACHMENT OF WITNESSES



In Preliminary Instruction No. 8, I instructed you on the credibility of witnesses. I now give you this further instruction on how the credibility of a witness can be "impeached."

A witness may be discredited or "impeached" by contradictory evidence, or by evidence that at some time the witness has said or done something, or has failed to say or do something, that is inconsistent with the witness's present testimony. If you believe any witness has been impeached and thus discredited, it is your exclusive province to give the testimony of that witness such credibility, if any, as you may think it deserves.

FINAL INSTRUCTION NO. 4 - DELIBERATE INDIFFERENCE

TO SERIOUS MEDICAL NEEDS





The plaintiffs claim that one or more of the defendants was deliberately indifferent to Shane Rooney's serious medical needs. To prevail on their claim that a particular defendant was deliberately indifferent to Shane Rooney's serious medical needs while he was being held in the Woodbury County Jail, the plaintiffs must prove all of the following four elements by the greater weight of the evidence as to a particular defendant:

One, Shane Rooney had a serious need for receiving prescription medications or medical treatment.

A serious medical need is one that has been diagnosed by a physician as mandating treatment or one that is so obvious that even a lay person would easily recognize the necessity for a doctor's attention.

Second, that defendant was aware of Shane Rooney's serious need for such medical treatment.

Third, that defendant, with deliberate indifference, failed to provide medical care or take direct action to ensure that medical care be provided within a reasonable time.

Deliberate indifference, as used in a medical case means intentionally or deliberately ignoring plaintiff's serious medical needs. Deliberate indifference is established only if there is actual knowledge of a substantial risk that plaintiff has a serious medical problem and if the defendant consciously refuses to take steps to deal with the problem. Mere negligence or inadvertence does not constitute deliberate indifference.

Fourth, as a direct result, Shane Rooney was damaged.

If any of the above elements has not been proved against a particular defendant by the preponderance of the evidence, then your verdict must be for that defendant.

FINAL INSTRUCTION NO. 5 - ACTUAL DAMAGES



The fact that I am instructing you on the proper measure of damages should not be considered as an indication that I have any view as to which party is entitled to your verdict in this case. Instructions as to the measure of damages are given only for your guidance. There are three plaintiffs in this case. John P. Rooney and Margaret J. Rooney brought this case on behalf of their son, Shane Rooney, because he was incapacitated at the time this lawsuit was filed. Therefore, although plaintiffs request an award of damages, only Shane Rooney is alleged to have suffered damages and any award of damages you make must be solely for Shane Rooney's damages. In the event that you should find that the plaintiffs are entitled to damages in accord with the other instructions, you must award them such sum as you find by the greater weight of the evidence will fairly and justly compensate Shane Rooney for any damages you find he sustained as a direct result of the wrongful conduct of the defendants.

You must award the full amount for any item of damages that the plaintiffs have proved, but a party cannot recover duplicate damages. In other words, do not allow amounts awarded under one item of damage to be included in any amount awarded under another item of damage on the same claim.

In arriving at an item of damage, you cannot establish a figure by taking down the estimate of each juror as to that item of damage and agreeing in advance that the average of those estimates shall be your award of damage for that item. The amount, if any, that you assess for some items of non-economic damages, such as emotional distress, cannot be measured by an exact or mathematical standard. You must use your sound judgment based upon an impartial consideration of the evidence.

Remember, throughout your deliberations, you must not engage in any speculation, guess, or conjecture and you must not award damages under this Instruction by way of punishment (except for punitive damages as defined in Instruction No. 8) or through sympathy. Your judgment must not be exercised arbitrarily, or out of sympathy or prejudice, for or against any of the parties. The amount you assess for any item of compensatory damage must not exceed the amount caused by the defendants as proved by the evidence.

Attached to these Instructions is a verdict form which you must fill out. In the verdict form, there is a list of the types of damages you may award in this case. The fact that there is a list of the types of damages should not be considered as an indication that you must award damages for each type of damage claimed. You should only award those damages, if any, that the plaintiffs have proved by the greater weight of the evidence.

FINAL INSTRUCTION NO. 6 - DAMAGES--SPECIFIC ITEMS



If you find in favor of the plaintiffs on their claim of deliberate indifference to a serious medical need, as explained in Final Instruction No. 4, then you must award the plaintiffs such sum as you find by the greater weight of the evidence will fairly and justly compensate Shane Rooney for any damages you find Shane Rooney sustained as a direct result of one or more defendants' deliberate indifference to a serious medical need of Shane Rooney.

The plaintiffs claim damages for the following distinct items of damages, which you must consider separately:

a. The reasonable value of necessary hospital charges, doctor charges, prescriptions and other medical services from the date of injury to the present time.

b. Any past and current physical and mental pain and suffering:

1. Arising from when the defendants were aware of Shane Rooney's serious need for receiving medical treatment and failed to provide that medical care within a reasonable time, through and up to the point that Shane Rooney was admitted into the hospital.

2. Arising from when Shane Rooney was admitted to the hospital through and up to the present time that directly result from medical conditions or treatments that would not have happened except for defendants intentionally or deliberately ignoring Shane Rooney's serious medical needs.

Physical pain and suffering may include, but is not limited to, unpleasant feelings, bodily distress and uneasiness, bodily suffering, sensations or discomfort. Mental pain and suffering may include, but is not limited to, loss of enjoyment of life.

c. Future physical and mental pain and suffering:

1. Arising from the period during which defendants were aware of Shane Rooney's serious need for receiving medical treatment and failed to provide that medical care within a reasonable time.

2. Arising from medical conditions or treatments that would not have happened except for defendants intentionally or deliberately ignoring Shane Rooney's serious medical needs.

You must enter separate amounts for each type of damages in the verdict form and must not include the same items in more than one category.

FINAL INSTRUCTION NO. 7 - DAMAGES--NOMINAL



If you find in favor of the plaintiffs on their claim of deliberate indifference to a serious medical need, as explained in Final Instruction No. 4, but you find that Shane Rooney's damages on a particular claim have no monetary value, then you must return a verdict for the plaintiffs in the nominal amount of One Dollar ($1.00) on that claim.

FINAL INSTRUCTION NO. 8 - DAMAGES--PUNITIVE



In addition to the damages mentioned in other instructions, the law permits the jury under certain circumstances to award the injured person punitive damages in order to punish the defendant for some extraordinary misconduct and to serve as an example or warning to others not to engage in such conduct. In order to award punitive damages, you must first find in favor of the plaintiffs on their claim and against a particular defendant. You must further find that the conduct of that defendant, as submitted in Final Instruction No. 4 (deliberate indifference to a serious medical need), was recklessly and callously indifferent to Shane Rooney's rights. If you make both of these findings, then, in addition to any other damages to which you find the plaintiffs are entitled, you may, but are not required to, award the plaintiffs an additional amount as punitive damages if you find it is appropriate to punish that defendant or to deter him or her and others from like conduct in the future. Whether to award the plaintiffs punitive damages and the amount of those punitive damages are within your sound discretion.

Factors you may consider in awarding punitive damages include, but are not limited to the following: the nature of the defendant's conduct; the impact of the defendant's conduct on the plaintiff; the relationship between the plaintiff and the defendant; the likelihood that the defendant would repeat the conduct if a punitive award is not made; Shane Rooney's actual damages, if any; and any other circumstances shown by the evidence, including any circumstances of mitigation, that bear on the question of the size of any punitive award.

You may assess punitive damages against a defendant or you may refuse to impose punitive damages.

FINAL INSTRUCTION NO. 9 - DELIBERATIONS



In conducting your deliberations and returning your verdict, there are certain rules you must follow.

First, when you go to the jury room, you must select one of your members as your foreperson. That person will preside over your discussions and speak for you here in court.

Second, it is your duty, as jurors, to discuss this case with one another in the jury room. You should try to reach agreement if you can do so without violence to individual judgment, because a verdict must be unanimous. Each of you must make your own conscientious decision, but only after you have considered all the evidence, discussed it fully with your fellow jurors, and listened to the views of your fellow jurors. Do not be afraid to change your opinions if the discussion persuades you that you should, but do not come to a decision simply because other jurors think it is right, or simply to reach a verdict. Remember at all times that you are not partisans. You are judges--judges of the facts. Your sole interest is to seek the truth from the evidence in the case.

Third, if you need to communicate with me during your deliberations, you may send a note to me through the Court Security Officer, signed by one or more jurors. I will respond as soon as possible either in writing or orally in open court. Remember that you should not tell anyone--including me--how your votes stand numerically.

Fourth, your verdict must be based solely on the evidence and on the law which I have given to you in my instructions. The verdict must be unanimous. Nothing I have said or done is intended to suggest what your verdict should be--that is entirely for you to decide.

Finally, I am giving you the verdict forms. A verdict form is simply the written notice of the decision that you reach in this case. You will take this form to the jury room, and when each of you has agreed on the verdicts, your foreperson will fill in the form and date it, all jurors will sign it, and the foreperson will advise the Court Security Officer that you are ready to return to the courtroom.

DATED this 8th day of October, 1999.





_____________________________

MARK W. BENNETT

U. S. DISTRICT COURT JUDGE

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF IOWA

WESTERN DIVISION





SHANE WILLIAM ROONEY, JOHN P. ROONEY, and MARGARET J. ROONEY, Attorney's in Fact for Shane W. Rooney,
Plaintiffs,

No. C98-4009-MWB

vs.

VERDICT FORM

SGT. TODD HARLOW, individually and in his official capacity as Jailor/Woodbury County Sheriff's Deputy, OFFICER RANDY UHL, individually and in his official capacity as Jailor/Woodbury County Sheriff's Deputy, and KEN BLIVEN, individually and in his official capacity as Nurse at the Woodbury County Jail,
Defendants.

____________________





QUESTION NO. 1: DELIBERATE INDIFFERENCE:



a. Liability: Do you find that one or more of the defendants acted with deliberate indifference to Shane Rooney's serious medical needs, as the claim of deliberate indifference to serious medical needs is submitted to you in Final Instruction No. 4?

_____ Yes _____ No

(If your answer to this "Liability" part of Question No. 1 was "No," do not answer any more parts to Question No. 1; instead, sign the verdict form and notify the Court Security Officer that you have reached a verdict.)





b. Identity: If your answer to part "a" was "Yes," which defendant or defendants do you find acted with deliberate indifference to Shane Rooney's serious medical needs?

1) Todd Harlow __________

2) Randy Uhl __________

3) Ken Bliven __________





c. Actual or Nominal Damages: What amount of actual damages, as explained in Final Instruction No. 5, or nominal damages in the amount of One Dollar ($1.00), as explained in Final Instruction No. 7, do you award against the defendant or defendants marked in part "b" for deliberate indifference to Shane Rooney's serious medical needs? (Remember that a defendant is only responsible for the actual damages that are personally and directly attributable to that particular defendant.)

1) Todd Harlow:

a. Past hospital charges, doctor charges, prescriptions and other medical services

$
b. Physical and mental pain and suffering (as defined in Final Instruction No. 6, subsection (b)(1)) $
c. Physical and mental pain and suffering (as defined in Final Instruction No. 6, subsection (b)(2)) $
d. Future physical and mental pain and suffering (as defined in Final Instruction No. 6, subsection (c)(1)) $
e. Future physical and mental pain and suffering (as defined in Final Instruction No. 6, subsection (c)(2)) $
TOTAL $


OR



Nominal damages, as nominal damages are explained to you in Final Instruction No. 7. _________ (Enter $1.00)



2) Randy Uhl:



a. Past hospital charges, doctor charges, prescriptions and other medical services

$
b. Physical and mental pain and suffering (as defined in Final Instruction No. 6, subsection (b)(1)) $
c. Physical and mental pain and suffering (as defined in Final Instruction No. 6, subsection (b)(2)) $
d. Future physical and mental pain and suffering (as defined in Final Instruction No. 6, subsection (c)(1)) $
e. Future physical and mental pain and suffering (as defined in Final Instruction No. 6, subsection (c)(2)) $
TOTAL $


OR



Nominal damages, as nominal damages are explained to you in Final Instruction No. 7. _________ (Enter $1.00)





3) Ken Bliven:



a. Past hospital charges, doctor charges, prescriptions and other medical services

$
b. Physical and mental pain and suffering (as defined in Final Instruction No. 6, subsection (b)(1)) $
c. Physical and mental pain and suffering (as defined in Final Instruction No. 6, subsection (b)(2)) $
d. Future physical and mental pain and suffering (as defined in Final Instruction No. 6, subsection (c)(1)) $
e. Future physical and mental pain and suffering (as defined in Final Instruction No. 6, subsection (c)(2)) $
TOTAL $


OR



Nominal damages, as nominal damages are explained to you in Final Instruction No. 7. _________ (Enter $1.00)



d. Punitive Damages: If you find that the defendant or defendants marked in part "b" acted with deliberate indifference to Shane Rooney's serious medical needs in reckless and callous indifference to Shane Rooney's rights, what amount of punitive damages, if any, do you award against that defendant or those defendants on this claim, as punitive damages are submitted to you in Final Instruction No. 8?

1) Todd Harlow $ __________

2) Randy Uhl $ __________

3) Ken Bliven $ __________

Total $ __________





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