Virgin Islands Jury Instruction - 4.1 Recovery Of Take-Home Pay
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Introductory Instruction Under the statute set forth at Title 42, Section 1983 of the United States Code, any person who, under color of law, deprives another of any rights, privileges, or immunities secured by the Constitution or laws of the United States shall be liable to the injured party.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
Section 1983 requires that the plaintiff prove two causal links: (1) a causal relationship between the defendant's conduct and the deprivation of the plaintiff's federal rights; and (2) a causal relationship between the deprivation and the plaintiff's injury or damages.
The elements of a § 1983 claim are (1) the action occurred ?under color of state law? and (2) the action resulted in the deprivation of a constitutional right or federal statutory right. Long v. County of Los Angeles, 442 F. 3d 1178, 1185 (9th Cir.
To state a Section 1983 claim, the plaintiff is required to allege that (1) the conduct complained of was committed by a person acting under the color of state law; and (2) the conduct deprived the plaintiff of a constitutional right.