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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Quigley v. Winter, 598 F.3d 938 (2010)

Citation
Quigley v. Winter, 598 F.3d 938 (2010)
Parent Document
Quigley v. Winter, 598 F.3d 938 (2010)
Effective Date
2010-03-16

Other Sections in This Document (232)

Full Text

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Before trial, Winter submitted proposed jury instructions and a proposed verdict
form to the district court. Winter’s proposed jury instructions included an instruction
on unlawful discriminatory practices under the FHA which was similar to Instruction
No. 8A. Winter’s proposed instruction stated it was unlawful under the FHA to
“[t]hreaten, intimidate or interfere with persons in their enjoyment of a dwelling
because of the sex of such persons, or of visitors or associates of such persons.”
Winter’s proposed verdict form also included only one blank for the jury to award
compensatory damages for Quigley’s FHA and ICRA claims. Later, during the jury
instruction conference, Winter made a general objection to the inclusion of Instruction
No. 8A, and he made some specific objections to the initial version of Instruction No.
8A. Winter did not dispute the statement of the law, only contesting whether any
evidence existed for each violation and preferring a simple instruction on sexual
harassment. Winter did not object to the portion of the instruction concerning
coercion, intimidation and interference with FHA rights, nor did Winter object to the
final form of Instruction No. 8A. Winter likewise did not object to having only one
line on the verdict form for compensatory damages.