Martinez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LISAMARIA MARTINEZ, Case No. 20-cv-06570-TSH

Plaintiff,

ORDER RE JURY INSTRUCTIONS

v. AND VERDICT FORM

COUNTY OF ALAMEDA, Defendant.

12 This order addresses issues relating to the jury instructions and verdict form. A. Nominal damages The Court asked the parties to brief the following question: If the jury finds in favor of Plaintiff on her Americans with Disabilities Act claim, but also finds there was no deliberate indifference, may the jury award her nominal damages? The parties briefed this issue at ECF Nos. 141 and 153. The Ninth Circuit has held that “[t]o recover monetary damages under Title II of the ADA . . . a plaintiff must prove intentional discrimination on the part of the defendant.” Duvall v. County of Kitsap, 260 F.3d 1124, 1138 (9th Cir. 2001) (citing Ferguson v. City of Phoenix, 157 F.3d 668, 674 (9th Cir. 1998)). In Duvall, the Court of Appeals determined that the appropriate test…