9.1 Section 1983 Claim-Introductory Instruction

• Category: Federal - Jury Instructions - 9th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-9THCIR-9-1
• Format: Rich Text

Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 9.1 Section 1983 Claim-Introductory Instruction is a legal instruction given to a jury in a civil case when the plaintiff is suing a governmental organization or person acting on behalf of a governmental organization for constitutional or statutory violation. This instruction tells the jury about the legal elements of a Section 1983 claim and the standard of proof necessary for the plaintiff to prevail. The instruction may include a definition of the terms “acting under color of state law” and “deprivation of a protected right.” Depending on the particular facts of the case, the instruction might also include other elements such as notice, causation, and damages. There are two types of 9.1 Section 1983 Claim-Introductory Instructions: jury instructions and bench instructions. Jury instructions are typically given to a jury in a civil trial when the plaintiff is suing a governmental organization or person acting on behalf of a governmental organization for constitutional or statutory violation. Bench instructions are typically given to the judge prior to ruling on motions or other legal matters in a civil case.

9.1 Section 1983 Claim-Introductory Instruction is a legal instruction given to a jury in a civil case when the plaintiff is suing a governmental organization or person acting on behalf of a governmental organization for constitutional or statutory violation. This instruction tells the jury about the legal elements of a Section 1983 claim and the standard of proof necessary for the plaintiff to prevail. The instruction may include a definition of the terms “acting under color of state law” and “deprivation of a protected right.” Depending on the particular facts of the case, the instruction might also include other elements such as notice, causation, and damages. There are two types of 9.1 Section 1983 Claim-Introductory Instructions: jury instructions and bench instructions. Jury instructions are typically given to a jury in a civil trial when the plaintiff is suing a governmental organization or person acting on behalf of a governmental organization for constitutional or statutory violation. Bench instructions are typically given to the judge prior to ruling on motions or other legal matters in a civil case.