IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

Steven Johnson : CIVIL ACTION

 Plaintiff, : 

 : 

 v. : NO.: 04-CV-297 

 : 

SEPTA : 

 Defendant : 

PLAINTIFF’S PROPOSED JURY INSTRUCTIONS AND VERDICT FORM

 Plaintiff, Steven Johnson, respectfully submits the following Proposed Jury Instructions 

and Verdict Form to be presented to the jury at the close of evidence. Plaintiff respectfully 

reserves the right to amend and or supplement this instruction at the close of evidence. 

 Respectfully submitted, 

 

 

Dated: March 23, 2005 Olugbenga O. Abiona, Esquire 

 

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1.1 NATURE OF PLAINTIFF’S CASE

In this case, the Plaintiff, Steven Johnson, has sued the Defendant, SEPTA, for race 

discrimination and retaliation for various disciplinary actions and adverse employment actions 

taken against him by SEPTA, which he contends are conducts prohibited by the federal statute, 

under 42 U.S.C. Section 1981, Title VII and the state statute under the Pennsylvania Human 

Relations Act. 

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1.2 THE DEFENDANT’S CONTENTIONS

 Defendant has denied discriminating or retaliating against Plaintiff because of his race. 

 

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1.3 TRIAL PROCEDURE

We will start the trial in a few minutes. Counsel will present opening statements 

where they will identify for you the issues we will ask you to resolve and the evidence 

they expect to offer in support of their claims. Then each side will call witnesses and 

offer documents into evidence to provide you with information on the issues and facts 

relating to the dispute. 

 You should generally expect we would start the trial each morning at 9:30 a.m., 

take short breaks when necessary, break for lunch each day for one hour at 12:30, and for 

the day at 4:30. As the trial goes on we may need to make some adjustments to that 

schedule. 

 At the close of evidence, I will provide you with written instructions on the law 

and with a verdict form that will identify the questions that we will ask you to resolve. 

Counsel will then have an opportunity in closing arguments to review the evidence they 

have presented, their view of the significance of the facts, and their clients’ views on how 

you should answer the questions in verdict forms. 

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1.4 DUTY OF JURY

It will be your duty to determine what the facts are from the evidence as presented at trial. 

You, and you alone, are the judges of the facts. You will have to apply those facts as you find 

them to the law, as I will instruct you at the close of the evidence. You must follow that law 

whether you agree with it or not. 

Nothing I may say or do during the course of the trial is intended to indicate what your 

verdict should be. 

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1.5 EVIDENCE

The evidence from which you will find the facts will consist of the testimony of 

witnesses and the documents and other things admitted into evidence. In addition, the 

evidence may include certain facts as agreed to by the parties or as I instruct you. 

Certain things are not evidence. They include: 

1.Statements, arguments, and questions by lawyers are not evidence. 

2.Objections to questions are not evidence. Lawyers have an obligation to 

their clients to make an objection when they believe testimony or exhibits 

they believe being offered into evidence are not admissible under the 

Rules of Evidence. You should not be influenced by a lawyer’s objection 

or by my ruling on the objection. If I sustained or upheld the objection, 

you should ignore the question or document in question. If I overruled the 

objection, and allowed the mater into evidence, treat the testimony or 

document like any other evidence. 

3.You should not consider testimony and documents that I have excluded 

into evidence. 

4.Anything you see or hear outside the courtroom is not evidence and 

must be disregarded. 

There are two kinds of evidence: direct and circumstantial. Direct evidence is 

direct proof of a fact, such as testimony of an eyewitness. Circumstantial evidence is 

proof of facts from which you may infer or conclude that other facts exist. 

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 It will be up to you to decide which witness to believe, which witness not to 

believe, and how much of any witness’ testimony to accept or reject. 

 As a general rule, the law makes no distinction between direct or circumstantial 

evidence, but simply requires that the jury find the facts in accordance with the 

preponderance of all the case, both direct and circumstantial. 

 

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1.6 BURDEN OF PROOF

 This is a civil case. The plaintiff has the burden of proving his case by what is 

called a preponderance of evidence. That means the plaintiff has to produce evidence 

which, when considered in the light of all facts, leads you to believe that what the 

plaintiff claims, is more likely true than not. To put it differently, if you were to put 

plaintiff and defendant’s evidence on opposite sides of a scale, the evidence supporting 

the plaintiff’s claim would have to make the scale tip somewhat on his side. If plaintiff 

fails to meet his burden, your verdict must be for the defendant. For those elements for 

which the defendant has the burden of proof, if the defendant fails to meet its burden, 

your verdict must be for the plaintiff. 

 Those, of you who have served on a criminal jury will have heard the term “proof 

beyond a reasonable doubt.” That requirement does not apply to a civil case and you 

should, therefore, put it out of your mind in considering whether or not the plaintiff met 

his burden of proof by a preponderance of evidence in this case. 

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1.7 CONDUCT OF THE JURY

Now, a few words about your conduct as jurors. First, I instruct you that during the trial 

until you have heard all of the evidence and retired to the jury room to deliberate, you are not to 

discuss the case with anyone, not even among yourselves. If anyone should try and talk to you 

about the case, bring it to my attention promptly. 

Second, do not read or listen to anything touching on this case that is not admitted into 

evidence. By that I mean, if there is a newspaper article or radio or television report relating to 

this case, do not read the article or watch or listen to the report. In addition, do not try to do any 

independent research or investigation on your own on matters relating to the case. 

Finally, do not research any conclusion as to the claims until all of the evidence is in. 

Keep an open mind until you start your deliberation at the end of the case. 

If you wish, you may take notes. My courtroom deputy will arrange for pens, pencils, 

and paper. If you do take notes, leave them in the jury room when you leave at night. And 

remember that they were for your own personal use—they are not to be given or read to anyone 

else. 

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2.0 GENERAL INSTRUCTIONS TO BE INSTRUCTED 

 AFTER CLOSE OF EVIDENCE

2.1 INTRODUCTION 

Members of the Jury, now it is time for me to instruct you about the law that you must 

follow in deciding this case. 

I will start by explaining your duties as jurors and the general rules that apply in every 

civil case. I will explain some rules that you must use in evaluating particular testimony and 

evidence. I will explain the positions of the parties and the law you will apply in this case. And 

last, I will explain the rules that you must follow during your deliberation in the jury room, and 

the possible verdicts you may return. 

Please listen very carefully to everything I say. 

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2.2 JUROR’S DUTIES

You have two main duties as jurors. The first one is to decide that the facts are from the 

evidence that you saw and heard in Court. Deciding what the facts are, is your job, not mine, 

and nothing that I have said or done during this trial was meant to influence your decision about 

the facts in any way. 

Your second duty is to take the law that I give you, apply it to the facts, and decide if, by 

a preponderance of evidence, a defendant is liable. It is my job to instruct you about the law, and 

your bound by the oath you took at the beginning of the trial to follow the instructions that I give 

you and to treat the parties in this action equally, even if you personally disagree with them. 

This includes the instructions that I gave you before and during the trial, and these instructions. 

All the instructions are important, and you should consider them together as a whole. 

Perform these duties fairly. Do not let any bias, sympathy or prejudice that you may feel 

toward one side or the other influence your decision in any way.

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2.3 EVIDENCE DEFINED

You must make your decision based only on the evidence that you saw and heard in 

Court. Do not let any rumors, suspensions, or anything else that you may have seen or heard 

outside of Court influence your decision in any way. 

 The evidence in this case includes only what the witnesses said while they were testifying 

under oath; the exhibits that I allow into evidence; the stipulations that the lawyers agreed to; and 

the facts that I have judicially noticed. Nothing else is evidence. The lawyers’ statements and 

arguments are not evidence. Their questions and objections are not evidence. My legal rulings 

are not evidence. 

 During the trial I may not have let you hear the answers to some of the questions that the 

lawyer asked. I may also have ruled that you could not see some of the exhibits that the lawyers 

wanted to see. I may also have ordered you to disregard things that you saw or heard, or I struck 

things from record. You must completely ignore all these things. Do not ever think about them. 

Do not speculate about what a witness might have said or what and exhibit might have shown. 

These things are not evidence, and you are bound by your oath not to let them influence your 

decision in any way. 

Make your decision based only on the evidence, as I have defined it here, and nothing 

else.

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 2.4 CONSIDERATION OF EVIDENCE

 You should use your common sense in weighing the evidence. Consider it in light of 

your everyday experience with people and events, and give it whatever weight you believe it 

deserves. If your experience tells you that certain evidence reasonably leads to a conclusion, you 

are free to reach that conclusion. 

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2.5 DIRECT AND CIRCUMSTANTIAL EVIDENCE

 Now, some of you may have heard the terms “direct evidence” and “circumstantial 

evidence.” Direct evidence is simply evidence like the testimony of any eyewitness, which, if 

you believe it, directly proves a fact. If a witness testified that he saw it raining outside, and you 

believed him, that would be direct evidence that it was raining. 

 Circumstantial evidence is simply as set of circumstances that indirectly prove a fact. For 

example, if someone walked into the courtroom wearing a raincoat covered in drops of water and 

carrying a wet umbrella that would be circumstantial evidence from which you conclude it was 

raining. 

 It is your job to decide how much weight to give the direct and circumstantial evidence. 

The law makes no distinction between the weights that you should give to either one, nor does it 

say that one is better evidence than the other. You should consider all the evidence, both direct 

and circumstantial, and give it whatever weight you believe it deserves. 

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2.6 CREDIBILITY OF WITNESSES

In determining the weight to give the testimony of a witness, you should ask yourself 

whether there was evidence tending to prove that the witness testified falsely about some 

important fact, or whether there was evidence that at some time the witness said or did 

something, or failed to say or do something, that was different from the testimony he gave at 

trial. 

 You should remember that a simple mistake by a witness does not necessarily mean that 

witness was not telling the truth. People may tend to forget some things or remember other 

things inaccurately. If a witness has made a misstatement you must consider whether it was 

simply an innocent lapses of memory of an intentional falsehood, and that may depend upon 

whether it concerns an important fact or an unimportant detail. 

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2.7 NUMBER OF WITNESSES

One more point about the witnesses. Sometimes jurors speculate and wonder if the 

number of witnesses who testified makes any difference. The number of witnesses testifying for 

one side does not dictate the truthfulness of the fact in issue. 

 Do not make any decision based only on the number of witnesses who testified. What is 

more important is how believable the witness were, and how much weight you think their 

testimony deserves. Concentrate on that, not the numbers. 

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2.8 DEPOSITION TESTIMONY

The testimony of a witness (party) whom for some proper reason cannot be present to 

testify in person may be presented in this form. Such testimony is given under oath and in the 

presence of attorneys for the parties, who question the witness. A court reporter takes down 

everything that is said and then transcribes the testimony. This form of testimony is entitled to 

neither nor less consideration by the jury because of the manner of its submission. 

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2.9 ADMISSION OF FACT

The admission of fact made by the agent of the defendant or plaintiff in the answer to the 

complaint or other pleading, document, statement, testimony may have been offered by the 

plaintiff or defendant and received in evidence. The defendant or plaintiff is bound by this 

(these) admission(s). 

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2.10 WILLFULLY FALSE TESTIMONY

If you decide that a witness has deliberately falsified his or her testimony on a significant 

point, you should take this into consideration in deciding whether or not to believe the rest of 

his/her testimony, but you are not required to do so. 

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2.11 FAILURE TO PRODUCE EVIDENCE

The general rule is that where evidence which would properly be part of a case is 

within the control of, or available to, the party whose interest it would naturally be to 

produce it, and if he fails to do so without satisfactory explanation, you may draw the 

inference that, if produced, it would be unfavorable to him. 

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2.12 CAUTIONARY CHARGE: JURY NOT TO ASSUME JUDGE HAS EXPRESSED 

AN OPINION ON THE EVIDENCE

 I have invited your attention to various factors, which you may consider in evaluating 

witnesses’ testimonies and the evidence for the plaintiff and defendant. In doing so, I have not 

attempted to indicate any opinion on my part concerning the weight you should give to the 

evidence, or to any part of it, and I would not want you to think that I had. In any event, it is for 

you and you alone to determine the credibility of each witness. 

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3.0 STATUTE INVOLVED

The federal statutes 42 U.S.C. Section 1981 and Title VII prohibits an employer from 

discriminating against an employee as to actions taken on the basis of the employee’s race. These 

statutes also prohibit an employer from retaliating against an employee for complaining about 

the employer’s conduct that he believed to be because of his race. 

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3.1.1 ELEMENTS OF RACE DISCRIMINATION UNDER THESE STATUTES 

 To establish a prima facie case of race discrimination, Plaintiff must show 

that: 1. He is a member of a protected class under the statutes; 

 2. He was treated less favorably by Defendant than another employee 

not of the same race; and 

 3. He suffered an adverse employment action because of the 

differential treatment by the Defendant. 

Should Plaintiff meet his burden of proof for these elements, Defendant must present 

credible evidence of a legitimate non-discriminatory reason for treating Plaintiff less 

favorably from the other employee not of the same race. 

Should Defendant meet its burden of persuasion, Plaintiff must show that Defendant’s 

proffered reason for the adverse action was a pretext or false. 

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 3.1.2 ADVERSE ACTION BY EMPLOYER

An adverse employment action is a decision by the employer that adversely affects the 

terms, conditions or privileges of the employee’s employment, wages, income, benefits, or 

classify a condition of the employee in a way which would tend to deprive him/her of 

employment benefits or otherwise affect his/her status as an employee. 

Robinson v. City of Pittsburgh, 120 F.3d 1286 (3d Cir. 1997) 

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3.1.3 SHIFTING OF BURDEN

 If you find that Plaintiff has proven by the preponderance of evidence all the three 

elements of his prima facie case, the burden shifts to Defendant to articulate a legitimate nondiscriminatory or non-retaliatory reason for the adverse actions taken against Mr. Johnson.

 Shaner v. Synthes, 204 F.3d 494, 500 (3rd Cir. 2000)

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 3.1.4 LEGITIMATE BUSINESS REASON

 The defendants have a burden of production to articulate, a credible legitimate, nondiscriminatory business reason for ordering Plaintiff to pay for the stolen radio, or for not 

reducing the payment by Plaintiff as they did for other officers. A legitimate business reason 

cannot violate the law, or any agreement or policy that the defendant is a party to. 

 If you find that Defendant has failed to articulate a credible legitimate, nondiscriminatory or non-retaliatory business reason for its adverse actions taken against Mr. 

Johnson, you must find in favor of the Plaintiff. If, however, you find that Defendant has 

articulated a legitimate, non-discriminatory business reason for the adverse actions taken against 

Mr. Johnson, the burden then shifts to Mr. Johnson to show that Defendant’s reason was false or 

a pretext for discrimination. 

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 3.1.5 PRETEXT ------DEFINITION

“Pretext”, when used in the context of a Section 1981 or Title VII violation, means that 

the reason given by the employer for the adverse action is implausible, arbitrary, unreasonable, 

inconsistent, unlawful, a cover-up or false. 

 If you find that the reason given by Defendants for the adverse actions suffered by Mr. 

Johnson was either implausible, arbitrary, unreasonable, inconsistent, unlawful, a cover-up or 

false, then you must enter your verdict for Mr. Johnson and against Defendants. 

 It is for you to decide whether or not you believe or disbelieve Defendant’s proffered 

legitimate business reason for the adverse actions suffered by Mr. Johnson. 

You are entitled to infer, but need not infer that discrimination or retaliation was a 

motivating factor in Defendant’s adverse actions taken against Mr. Johnson, if you find that Mr. 

Johnson has met his initial burden of proving the three elements of a discrimination case, and 

you disbelieve Defendant’s explanation for the adverse actions suffered by Mr. Johnson. 

Krouse, 126 F.3d at 504; West Philadelphia Electric Co., 45 F.3d 744 (3rd Cir. 1995); 

Andrews v. City of Philadelphia, 895 F.2d 1469 (3rd Cir. 1990); Aman v. Cort Furniture 

Rental Corp., 85 F.3d 1074 (3rd Cir. 1996). 

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3.1.6 TOTALITY OF THE CIRCUMSTANCES 

In determining the discriminatory or retaliatory motive or intent of Defendants, you are 

permitted to consider evidence of past or subsequent discriminatory or retaliatory conduct on the 

part of Defendants as circumstantial evidence of Defendant’s state of mind, intent, or motive in 

the actions taken against Plaintiff that is the subject matter of this case. 

West Philadelphia Electric Co., 45 F.3d 744 (3rd Cir. 1995); Andrews v. City of 

Philadelphia, 895 F.3d 1469 (3rd Cir. 1990); Aman v. Cort Furniture Rental Corp., 85 F.3d 1074 

(3rd Cir. 1996) 

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 3.1.7 ATMOSPHERE OR CULTURE

Just as past employment discriminatory or retaliatory conducts can be used as 

circumstantial evidence of discriminatory or retaliatory intent or state of mind, so can the 

atmosphere and “culture” where those decisions are and were made, inform your determination. 

 You may consider discriminatory or retaliatory statements, actions or conducts of any of 

Defendant’s supervisors or managers towards Plaintiff or any other African American Police 

officer to determine the “atmosphere” or “culture” at this place of employment.

Abrahams v. Lightoiler, Inc., 50 F.3d 1204, 1214 (3rd Cir. 1995); Ezold v. Wolf, Block, 

Shor & Solis-Cohen, 983 F.2d 509, 533 (3rd Cir. 1993); Brewer v. Quaker State Oil 

Refining Corp., 72 F.3d 326 (3rd Cir. 1995); Antol v. Perry, 82 F.3d 1291, 1302 (3rd Cir. 

1996).

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3.1.8 ELEMENTS FOR PROVING A RETLIATORY CLAIM

To prove retaliation, plaintiff must initially establish: 

1) That he engaged in protected activity under the respective statutes; 

2) That he suffered an adverse action by the employer subsequent to or 

contemporaneous with the protected activity. 

3) That a casual connection exists between his engaging in protected activity 

and the adverse employment. 

Burrus v. United Telephone Co., 683 F.2d 339 (10th Cir. 1982) 

McDonnell Douglas Corp. v. Green, 411 US 792 (1973) 

Brock v. Richardson. 812 F.2d 11 (3d Cir. 1987) 

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3.1.9 RETALIATORY INTENT

It is not easy to prove motive directly because sometimes there is no way to determine 

or scrutinize the operation of the individual’s mind. However, you, the jury, may infer an 

individual’s intent to retaliate from the surrounding circumstance. 

 McDonnell Douglas, Corp. v. Green, 411 US 792, 93 S.Ct. 1817, 36 L.Ed. 2d 688 

(1973) 

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3.1.10 RETALIATION: PROOF OF UNDERLYING CLAIM UNNECESSARY

 As a jury, for the purposes of your determination of plaintiff’s retaliation claim, you 

should not be concerned with the question of whether plaintiff’s expressed protected activity of 

race discrimination was valid. For the purpose of making your determination in Plaintiff’s 

retaliation claim, you do not have to decide whether or not Defendants in fact discriminated 

against Mr. Johnson because of his race in the incident where he had complained to Defendant of 

race discrimination. An employee is protected from retaliation by an employer if the employee 

opposes employment practices, which the employee, in good faith, believes violates the antidiscrimination laws. It is irrelevant in your determination on Plaintiff’s claim of retaliation, 

whether Defendant discriminated against Plaintiff in September 2001 when Plaintiff complained 

that he was being subjected to race discrimination to Defendant and the PHRC. 

It is only relevant that you determine that Plaintiff believed in good faith that, he was 

discriminated against in that incident and he brought that concern to Defendant’s and the 

PHRC’s attention. The intent of the statute is to give citizens the right to protest or complain 

against actions of an employer that the employee reasonably believed to be race discrimination, 

even if the action turns out not to be race discrimination, without the fear of being subjected to 

reprisal by the employer. 

 Loe v. Re/Max of America, Inc., 35 PEP Cases 564 (10th Cir. 1984) 

 Novotny v. Great American Federal, 539 F. Supp. 437 (W.D. Pa. 1982) 

 Mandia v. Acro Chemical Co., 618 F.Supp. 1248 (E.D. Pa. 1985) 

 Brock v. Richardson, 812 F.2d 121 (3d Cir. 1987) 

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3.1.11 CASUAL CONNECTION

 In proving the element of casual connection, the passage of time is not sufficient to 

eviscerate a retaliation claim. The fact that the adverse actions happened several months after 

the complaint does not mean it could not have been in retaliation for the complaint. Mere 

passage of time is not legally conclusive proof against retaliation. 

See, Aman v. Cort Furniture Rental Corp., 85 F.3d 1074, 1085 (3d Cir. 1996) 

Robinson v. SEPTA, 982 F.2d 894-95 (3d cir. 1993). 

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3.1.12 SHIFTING OF BURDEN

If you find that Plaintiff has proven by the preponderance of evidence all the three elements 

of his retaliation case, the burden shifts to Defendant to articulate a legitimate non-retaliatory 

reason for the adverse actions against Mr. Johnson. 

 Shaner v. Synthes, 204 F.3d 494, 500 (3rd Cir. 2000) 

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3.1.13 MIXED MOTIVE CHARGE

Plaintiff has contended that his engaging in protected activities under the federal statutes 

was a motivating factor in Defendant’s adverse actions towards him thereafter. 

 If you decide that these decisions by Defendant were products of both a mixture of 

legitimate and illegitimate motives, the burden of proof is then placed upon the Defendant to 

show, by a preponderance of evidence, that Defendant would have made these decisions, even if 

it had not taken into account Mr. Johnson’s engagement in protected activities under the statutes. 

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 4.1 DAMAGES ---GENERALLY

The fact that I instruct you on the law of damages must not be taken as an indication that 

you should or should not find for the plaintiff. It is for you to decide on the evidence presented 

and the rules of law I have given you whether the plaintiff is entitled to recover from the 

defendants. 

However, if you return a verdict for the plaintiff, you must award the plaintiff such a sum 

as you find by a preponderance of evidence will fairly and justly compensate Mr. Johnson for 

any damages you find he suffered as a result of Defendant’s action. 

 Plaintiff is entitled to be awarded any amount of money you find he lost as wages as a 

result of Defendant’s discriminatory or retaliatory conduct. 

 In determining Mr. Johnson’s damages, you should also consider any, mental pain and 

suffering, fright, nervousness, indignity, humiliation, embarrassment, emotional distress and 

insult to which Mr. Johnson was found by you to have been subjected and which was a result of 

Defendant’s unlawful action. 

You must enter separate amounts for each type of damages in the verdict from provided 

and must not include the same items in more than one category. 

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4.2 COMPENSATORY DAMAGES

As I earlier told you, you may award damages for any pain, suffering, mental anguish, 

inconveniences, and other forms of financial loses that Mr. Johnson experienced as a 

consequence of Defendant’s discriminatory actions. No evidence of monetary value for such 

intangible things as emotional pain and suffering has been, or need be, introduced to evidence. 

There is no exact standard for fixing the compensation to be awarded for these elements of 

damages. Any award you make must be fair in light of the evidence presented at trial. 

 In determining the amount of these and other damages that you decide to award, you 

should be guided by your common sense and life experiences. You must use sound discretion 

for fixing an award of damages, drawing reasonable inferences from the facts in evidence. You 

may not award damages based on sympathy, speculation, or guesswork. On the other hand, the 

law does not require that the Plaintiff prove the amount of his losses with mathematical 

precision, but only with as much definiteness and accuracy as circumstances permit. You may 

take into consideration in reaching your decision on compensatory damages, the testimony of 

Mr. Johnson and other witnesses regarding the impact of Defendant’s discriminatory or 

retaliatory action on Mr. Johnson. 

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5.0 DELIBERATION AND VERDICT

 5.1 INTRODUCTION 

That concludes the part of my instructions explaining the rules for considering some of 

the testimony and evidence and the underlying law of the case. Now let me finish up by 

explaining some things about you deliberation in the jury room, and possible verdicts. 

 Once you start deliberating, do not talk to the jury officer, or to me, or to anyone else 

except each other about the case. If you have any questions or messages, you must write them 

down on a piece of paper, sign them, and then give them to the jury officer. The officer will give 

them to me, and I will respond as soon as I can. I may have to talk to the lawyers about what 

you have asked, so it may take me some time to get back to you. One more thing about 

messages. Do not ever write or tell anyone how you stand on your votes. That should stay in 

secret until you are finished. 

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 5.2 SPECIAL VERDICT

In a few minuets, the jury will be removed to the jury room for its deliberation, 

which by custom of this Court shall be presided over by a foreperson. 

 A special verdict summary sheet has been prepared for your convenience to 

record your unanimous verdict. You will take this form to the jury room, and after 

reaching unanimous agreement on the verdict to be rendered and the amount, if any, of 

damages awarded, you will have your foreperson write the answer to the questions posed 

on the form in the manner indicated. 

 After you have completely filled in the verdict in the manner indicated on the 

summary sheet, you will return it to the courtroom for delivery to the Clerk.

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 5.3 UNANIMOUS VERDICT

Your verdict must represent the considered judgment of each juror. In order for 

you as a jury to return a verdict, it is necessary that each juror agree to the verdict. Your 

verdict must be unanimous. 

 It is your duty, as jurors, to consult with one another and to deliberate with a view 

towards reaching an agreement. Each of you must decide the case for yourself, but do so 

only after an impartial consideration of the evidence with your fellow jurors. In the 

course of your deliberations, do not hesitate to reexamine your own views and change 

your opinion, if convinced it is erroneous. But do not surrender your honest convictions 

as to the weight or effect of evidence solely because of the opinion of your fellow jurors, 

or the purpose of returning 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. 

 A form of verdict has been prepared for you. You will take this form to the jury 

room and when you have reached unanimous agreement as to your verdict, you will have 

your fore person fill in, date and sign the form. You will then return to the courtroom and 

your fore person will give your verdict. 

 It is proper to add caution that nothing is said in these instructions and nothing in 

the verdict form is meant to suggest or convey in any way or manner an indication as to 

what verdict I think you should find. What the verdict shall be is the sole and exclusive 

duty and responsibility of the jury. 

Case 2:04-cv-00297-JCJ Document 17 Filed 03/23/05 Page 40 of 45
5.4 DUTY TO DELIBERATE

When you retire to the jury room you will be free to talk about the case. In fact, it 

is your duty to talk with each other about the evidence, and to make every reasonable 

effort you can to reach unanimous agreement. Talk with each other, listen carefully and 

respectfully to each other’s views, and keep an open mind as you listen to what your 

fellow juror’s have to say. Try your best to work out your differences. Do not simply 

change your mind just because other jurors see things differently, or just to get the case 

over with. In the end, the vote must be exactly that ---your own vote. It is important for 

you to reach unanimous agreement, but only if you can do so honestly and in good 

conscience. 

 No one will be allowed to hear your discussions in the jury room, and no record 

will be mad of what you say. So you should feel free to speak your minds. 

Case 2:04-cv-00297-JCJ Document 17 Filed 03/23/05 Page 41 of 45
5.5 SYMPATHY

 I instruct that your verdict must be based solely and exclusively on the evidence 

in the case and that you cannot be governed by passion, prejudice, sympathy or any 

motive except giving a fair and impartial consideration for the evidence. You must not 

allow any sympathy, which you might have for any of the parties or witnesses to 

influence you in any degree whatsoever in arriving at your verdict. The Court does not 

charge you not to sympathize with the parties or witnesses because it is only natural and 

human to sympathize with persons involved in litigation. But, the Court does charge you 

not to allow that sympathy to enter into the consideration of the case or to influence your 

verdict. 

Case 2:04-cv-00297-JCJ Document 17 Filed 03/23/05 Page 42 of 45
 5.6 COURT HAS NO OPINION

 Let me finish up by repeating something I said to you earlier. Nothing that I have 

said or done during this trial was meant to influence your decision in any way. You 

decide for yourselves if Mr. Johnson has proved his case by a preponderance of evidence, 

whether Defendant has met its burden of production to articulate a credible legitimate, 

non-discriminatory or non-retaliatory business reason for their decision, and whether you 

believe or disbelieve Defendant’s reasons. 

Case 2:04-cv-00297-JCJ Document 17 Filed 03/23/05 Page 43 of 45
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

Steven Johnson : CIVIL ACTION

 Plaintiff, : 

 : 

 v. : NO.: 04-CV-297 

 : 

SEPTA : 

 Defendant : 

 

JURY VERDICT FORM

1. Has Mr. Johnson proved, by a fair preponderance of evidence, that he was 

subjected to race discrimination by Defendant in violation of Title VII or Section 1981? 

A. YES __________ 

B. NO __________ 

2. Has Mr. Johnson proved, by a fair preponderance of evidence, that he was 

subjected to retaliation by Defendant in violation of Title VII or Section 1981? 

A. YES __________ 

B. NO __________ 

If you answered “Yes” to either Question No. 1 or No. 2, enter your verdict for 

the Plaintiff and answer the following: 

3. How much do you award in damages to Plaintiff? 

Lost Income $___________________ 

Compensatory Damages $___________________ 

 

 Signed: ___________________ 

Jury Fore Person 

Case 2:04-cv-00297-JCJ Document 17 Filed 03/23/05 Page 44 of 45
CERTIFICATE OF SERVICE

 This is to certify that a copy of the foregoing Plaintiff’s proposed Jury 

Instructions and Verdict Form was served on Defendants today electronically and by 

regular mail, postage prepaid, at: 

Gino J. Benedetti, Esquire 

Miller, Alfano & Raspanti 

Suite 3402 

1818 Market Street 

Philadelphia, PA 19103 

 /s/ 

Dated: March 23, 2005 _________________________ 

 Olugbenga O. Abiona, Esquire 

Case 2:04-cv-00297-JCJ Document 17 Filed 03/23/05 Page 45 of 45