Case 2:10-cv-03470-JFB-AKT Document 94-1 Filed 12/05/14 Page 1 of 7 PageID #: 2197

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
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NANCY GENOVESE,
Plaintiff,

Docket No.: 10-CV-3470

(JFB)(AKT)

-againstPLAINTIFFS PROPOSED
VERDICT SHEET

COUNTY OF SUFFOLK; Suffolk County

Undersheriff JOSEPH T. CARACAPPA; Suffolk
County Deputy Sheriff ROBERT CARLOCK,
Defendants.
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As to the parties named above, the jury unanimously finds the issues as follows:
Malicious Prosecution Claims
1.

Has plaintiff Nancy Genovese proven by a preponderance of the evidence that

Defendant Carlock maliciously prosecute the charge of Criminal trespass in the Third Degree
against plaintiff Nancy Genovese?
YES__________________
2.

NO__________________

Has plaintiff Nancy Genovese proven by a preponderance of the evidence that

Defendant Caracappa maliciously prosecute the charge of Criminal trespass in the Third Degree
against plaintiff Nancy Genovese?
YES__________________

NO__________________

If the answer to 1 or 2 above is yes proceed to number 3, 4, 5, 6, and 7 below, if the answer to 1 and
2 is no proceed to question 8.

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3.

What amount of money is fair and reasonable to compensate plaintiff for being

subjected to malicious prosecution by Defendant Carlock and/or Defendant Carracapa?

For Pain and Suffering-Amount:__________________
4

Do you award punitive damages against Defendant Carlock?

YES__________________

5.

NO__________________

What amount of punitive damages do you wish to award against Defendant Carlock?
Punitive Damages-Amount:__________________

6.

Do you award punitive damages against Defendant Caracappa?

YES__________________

7.

NO__________________

What amount of punitive damages do you wish to award against Defendant Carracapa?
Punitive Damages-Amount:__________________

FIRST AMENDMENT CLAIM

8.

Has plaintiff Nancy Genovese proven by a preponderance of the evidence that

Defendant Carlock and/or Defendant Caracappa acted against plaintiff Nancy Genovese due to her
perceived political beliefs and/or political associations?
YES__________________

NO__________________

If the answer to 8 above is yes proceed to number 9, 10, 11, 12 and 13 below, if the
answer to 8 is no proceed to question 14.
9.

What amount of money is fair and reasonable to compensate plaintiff for Defendant

Carlock and/or Defendant Carracapa acting against plaintiff Nancy Genovese due to her perceived
political beliefs and/or associations?
For Pain and Suffering-Amount:__________________
2

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10.

Do you award punitive damages against Defendant Carlock?

YES__________________

11.

NO__________________

What amount of punitive damages do you wish to award against Defendant Carlock??
Punitive Damages-Amount:__________________

12.

Do you award punitive damages against Defendant Caracappa?

YES__________________

13.

NO__________________

What amount of punitive damages do you wish to award against Defendant

Caracappa??
Punitive Damages-Amount:__________________

DENIAL OF MEDICAL CLAIM

14.

Has plaintiff Nancy Genovese proven by a preponderance of the evidence that

Defendant Carlock failed to provide proper and necessary medical treatment to plaintiff Nancy
Genovese while Plaintiff was in the custody of County of Suffolk Sheriffs Department?
YES__________________
15.

NO__________________

Has plaintiff Nancy Genovese proven by a preponderance of the evidence that

Defendant Caracappa failed to provide proper and necessary medical treatment to plaintiff Nancy
Genovese while Plaintiff was in the custody of County of Suffolk Sheriffs Department?
YES__________________

NO__________________

If the answer to 14 or 15 above is yes proceed to number 16, 17, 18, 19 and 20 below,
if the answer to 14 and 15 is no proceed to question 21.

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16.

What amount of money is fair and reasonable to compensate plaintiff for Defendant

Carlock and/or Defendant Carracapas failure to provide proper and necessary medical treatment to
plaintiff Nancy Genovese while plaintiff was in the custody of the County of Suffolk Sheriffs
Department?
For Pain and Suffering-Amount:__________________
17.

Do you award punitive damages against Defendant Carlock?

YES__________________

18.

NO__________________

What amount of punitive damages do you wish to award against Defendant Carlock?
Punitive Damages-Amount:__________________

19.

Do you award punitive damages against Defendant Caracappa?

YES__________________

20.

NO__________________

What amount of punitive damages do you wish to award against Defendant

Caracappa?
Punitive Damages-Amount:__________________

EXCESSIVE FORCE CLAIM

21.

Has plaintiff Nancy Genovese proven by a preponderance of the evidence that

Defendant Carlock used excessive force against Plaintiff while Plaintiff was in the custody of County
of Suffolk Sheriffs Department?
YES__________________

NO__________________

If the answer to 21 above is yes proceed to number 22, 23 and 24 below, if the answer to 21
is no proceed to question 25.
4

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22.

What amount of money is fair and reasonable to compensate plaintiff for being

subjected to excessive force by Defendant Carlock?

For Pain and Suffering-Amount:__________________
23

Do you award punitive damages against Defendant Carlock?

YES__________________

24.

NO__________________

What amount of punitive damages do you wish to award against Defendant Carlock??
Punitive Damages-Amount:__________________

BATTERY CLAIM
25.

Has plaintiff Nancy Genovese proven by a preponderance of the evidence that

Defendant Carlock committed a battery against Plaintiff while Plaintiff was in the custody of County
of Suffolk Sheriffs Department?
YES__________________
26.

NO__________________

Has plaintiff Nancy Genovese proven by a preponderance of the evidence that an

employee of Defendant County of Suffolk/Suffolk County Sheriffs Department committed a battery

against Plaintiff Nancy Genovese while Plaintiff was in the custody of County of Suffolk Sheriffs
Department?
YES__________________

NO__________________

If the answer to 25 or 26 above is yes proceed to number 27, 28 and 29 below, if the answer to 1and
25 and 26 is no proceed to question 30.

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27.

What amount of money is fair and reasonable to compensate plaintiff for being

subjected to excessive force by Defendant Carlock and/or Defendant County of Suffolk/County of

Suffolk Sheriffs Office?
For Pain and Suffering-Amount:__________________
28

Do you award punitive damages against Defendant Carlock?

YES__________________

29.

NO__________________

What amount of punitive damages do you wish to award against Defendant Carlock??
Punitive Damages-Amount:__________________

ASSAULT CLAIM
30.

Has plaintiff Nancy Genovese proven by a preponderance of the evidence that

Defendant Carlock committed an assault against Plaintiff Nancy Genovese while Plaintiff was in the
custody of County of Suffolk Sheriffs Department?
YES__________________
31.

NO__________________

Has plaintiff Nancy Genovese proven by a preponderance of the evidence that an

employee of Defendant County of Suffolk/Suffolk County Sheriffs Department committed an assault

against Plaintiff while Plaintiff was in the custody of County of Suffolk Sheriffs Department?
YES__________________

NO__________________

If the answer to 30 or 31 above is yes proceed to number 32, 33 and 34 below, if the answer to 30 and
31 is no proceed to Instructions, below.
32.

What amount of money is fair and reasonable to compensate plaintiff for being

subjected to excessive force by Defendant Carlock and/or Defendant County of Suffolk/County of

Suffolk Sheriffs Office?
For Pain and Suffering-Amount:__________________
6

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33

Do you award punitive damages against Defendant Carlock?

YES__________________

34.

NO__________________

What amount of punitive damages do you wish to award against Defendant Carlock??
Punitive Damages-Amount:__________________

INSTRUCTIONS
Foreperson, please sign and date the verdict sheet and advise the Court by note that you have
reached a verdict and are ready to return to the courtroom to announce your verdict.
I certify that this form correctly reflects the unanimous verdict of the jury.
Dated: Central Islip, New York
__________________, 2014
___________________________
FOREPERSON

Dated: Hempstead, New York

December 5, 2014

THE LAW OFFICES OF

FREDERICK K. BREWINGTON
_________/S/___________________________
FREDERICK K. BREWINGTON
Attorneys for Plaintiff
556 Peninsula Boulevard
Hempstead, New York 11550