Do you find from a preponderance of the evidence:
1. That [Defendant]’s actions were “under color” of state law?
Answer Yes or No _____________
If your answer is “No,” this ends your deliberations, and your foreperson should sign and date the last page of this verdict form.
If your answer is “Yes,” go to the next question.
2. That [[Plaintiff] [describe protected speech or conduct]]/[[Defendant] mistakenly believed that [Plaintiff] [describe protected speech or conduct]]?
Answer Yes or No _____________
If your answer is “No,” this ends your deliberations, and your foreperson should sign and date the last page of this verdict form.
If your answer is “Yes,” go to the next question.
3. That [Defendant] [discharged [Plaintiff] from employment/denied [Plaintiff] a promotion]?
Answer Yes or No _____________
If your answer is “No,” this ends your deliberations, and your foreperson should sign and date the last page of this verdict form.
If your answer is “Yes,” go to the next question.
4. That [[Plaintiff] [describe protected speech or conduct]]/[[Defendant]’s mistaken belief that [Plaintiff] [describe protected speech or conduct]] was a motivating factor in [Defendant]’s decision [to discharge [Plaintiff] from employment/not to promote [Defendant]]?
Answer Yes or No _____________
If your answer is “No,” this ends your deliberations, and your foreperson should sign and date the last page of this verdict form.
If your answer is “Yes,” go to the next question.
5. That [Defendant] would have [discharged [Plaintiff] from employment/denied [Plaintiff] a promotion] even if [Defendant] had not taken [[Plaintiff]’s protected activity]/[[Defendant]’s mistaken belief that [Plaintiff] [describe protected speech or conduct]] into account?
Answer Yes or No _____________
If your answer is “Yes,” this ends your deliberations, and your foreperson should sign and date the last page of this verdict form. If your answer is “No,” go to the next question.]
6. That [Plaintiff] suffered damages because of [Defendant]’s acts?
Answer Yes or No _____________
If your answer is “No,” this ends your deliberations, and your foreperson should sign and date the last page of this verdict form.
If your answer is “Yes,” go to the next question.
7. That [Plaintiff] should be awardeddamages to compensate for a net loss of wages and benefits to the date of your verdict?
Answer Yes or No _____________
If your answer is “Yes,” in what amount? $_____________
8. That [Plaintiff] should be awardeddamages to compensate for emotional pain and mental anguish?
Answer Yes or No _____________
If your answer is “Yes,” in what amount? $_____________
If you did not awarddamages in response to either Question No. 7 or Question No. 8, this will end your deliberations, and your foreperson should go to the end of this verdict form to sign and date it. If you awardeddamages in response to Question No. 7 or Question No. 8 (or both), go to the next question.
9. That punitive damages should be assessed against [name of individual defendant]?
Answer Yes or No _____________
If your answer is “Yes,” in what amount? $_____________
SO SAY WE ALL.