Civil Rights - 42 U.S.C. Sec. 1983 Claims - First Amendment Claim - Prisoner Alleging Retaliation or Denial of Access to Courts

• Category: Federal - Jury Instructions - 11th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-11THCIR-5-2
• Format: Word

Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions Civil Rights — 42 U.S.C. Sec. 1983 Claim— - First Amendment Claim — Prisoner Alleging Retaliation or Denial of Access to Courts is a specific type of civil rights claim made by a prisoner against a government actor for a violation of the prisoner's First Amendment right to access courts. This type of claim is based on the Civil Rights Act of 1871 (42 U.S.C. § 1983) and the First Amendment to the United States Constitution. The prisoner typically alleges that the government actor has retaliated against them or otherwise denied them access to the courts, which is a violation of their constitutional right to access the courts. Under this type of claim, the prisoner must demonstrate that the government actor's action was intentional, that the action violated the prisoner's First Amendment rights, and that the action caused the prisoner some form of harm. If the prisoner is successful in establishing these elements, they may be entitled to damages, including compensatory damages, injunctive relief, and/or punitive damages. There are two types of Civil Rights — 42 U.S.C. Sec. 1983 Claim— - First Amendment Claim — Prisoner Alleging Retaliation or Denial of Access to Courts: direct claims and indirect claims. Direct claims involve a direct retaliatory action by the government actor, such as the termination of a prisoner's access to the courts. Indirect claims involve an indirect action, such as transferring the prisoner to a new location that makes it difficult for them to access the courts.

Civil Rights — 42 U.S.C. Sec. 1983 Claim— - First Amendment Claim — Prisoner Alleging Retaliation or Denial of Access to Courts is a specific type of civil rights claim made by a prisoner against a government actor for a violation of the prisoner's First Amendment right to access courts. This type of claim is based on the Civil Rights Act of 1871 (42 U.S.C. § 1983) and the First Amendment to the United States Constitution. The prisoner typically alleges that the government actor has retaliated against them or otherwise denied them access to the courts, which is a violation of their constitutional right to access the courts. Under this type of claim, the prisoner must demonstrate that the government actor's action was intentional, that the action violated the prisoner's First Amendment rights, and that the action caused the prisoner some form of harm. If the prisoner is successful in establishing these elements, they may be entitled to damages, including compensatory damages, injunctive relief, and/or punitive damages. There are two types of Civil Rights — 42 U.S.C. Sec. 1983 Claim— - First Amendment Claim — Prisoner Alleging Retaliation or Denial of Access to Courts: direct claims and indirect claims. Direct claims involve a direct retaliatory action by the government actor, such as the termination of a prisoner's access to the courts. Indirect claims involve an indirect action, such as transferring the prisoner to a new location that makes it difficult for them to access the courts.