N.C.P.I.—Civil 804.05

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF _______________ xx CVS xxxx

)

PLAINTIFF )

)

vs. ) VERDICT

)

DEFENDANT, )

)

We, the jury, unanimously answer the following issues:

Issue 1: Did the defendant commit a battery upon the plaintiff during his

arrest of the plaintiff?

ANSWER: __________________________________________

(If you answer Issue 1 “Yes,” then proceed to Issue 2. If you answer

Issue 1 “No,” then you will not consider the remaining issues.)

Issue 2: Was the defendant’s arrest of the plaintiff unlawful?

ANSWER:_________________________________________

(Proceed to Issue 3.)

Issue 3: Was the amount of force used by the defendant to arrest the

plaintiff excessive?

ANSWER: __________________________________________

(If you answer “Yes” to Issue 2 or Issue 3, or both, then proceed

to Issue 4. If you answer Issue 2 and 3 “No,” then you will not

consider the remaining issue(s).)

Issue 4: What amount is the plaintiff entitled to recover as a result of the

defendant’s battery?

AMOUNT: $_______________.

NOTE WELL: Issues 5 and 6 should be included on the Verdict

Sheet only if the issue of punitive damages is submitted to the

jury. If the issue of punitive damages is to be submitted, place

this parenthetical guidance at the end of Issue 4:

(Proceed to Issue 5.)

Issue 5: Is the defendant liable to the plaintiff for punitive damages?

ANSWER:_______________________________________________

(If you answer Issue 5 “Yes,” then proceed to Issue 6. If you

answer Issue 5 “No,” then you will not consider the remaining

issue.)

Issue 6: What amount of punitive damages, if any, does the jury in its

discretion award to the plaintiff?

AMOUNT: $_______________.

This the _____ day of _______________, ____.

Printed Name of Foreperson: _________________________.

Signature of Foreperson: _________________________.