Illinois Jury Instruction — 2.2.4.1 Pretrial Detainee Alleging Excessive Force is a legal guideline that provides specific instructions to a jury in a case involving a pretrial detainee (someone who is detained before their trial) who alleges excessive force by law enforcement or prison officials. This instruction helps the jury understand the necessary elements to consider when determining liability and damages in such cases. The following are the key points covered by Illinois Jury Instruction — 2.2.4.1 Pretrial Detainee Alleging Excessive Force: 1. Elements of Excessive Force: The instruction outlines the essential elements that the plaintiff (pretrial detainee) must prove to establish a claim of excessive force. These typically include demonstrating that the defendant (law enforcement or prison official) used force that was objectively unreasonable and that caused injury or harm to the plaintiff. 2. Objective Reasonableness: The instruction explains that the jury should evaluate whether the defendant's actions were objectively reasonable based on the facts and circumstances known to the defendant at the time. The jury must consider the severity of the crime, the threat posed by the plaintiff, and whether the plaintiff actively resisted arrest, among other relevant factors. 3. Qualified Immunity: In certain cases, the instruction may address the concept of qualified immunity. It clarifies that a defendant may be immune from liability if their actions were reasonably believed to be lawful under existing law or if they acted in good faith. 4. Burden of Proof: The instruction also instructs the jury on the burden of proof, emphasizing that the plaintiff has the responsibility to prove their case by a preponderance of the evidence. This means the evidence should establish that it is more likely than not that the defendant's use of excessive force occurred. Different types of Illinois Jury Instruction — 2.2.4.1 Pretrial Detainee Alleging Excessive Force may exist based on the specific circumstances or legal theories involved in a particular case. Some variations may focus on issues such as: 1. Qualified Immunity: A specific instruction might address the defendant's claim of qualified immunity in more detail, explaining the criteria that need to be met for the defendant to assert this defense successfully. 2. Retaliation Claims: In some cases, a pretrial detainee may allege excessive force as a form of retaliation for exercising their constitutional rights. An instruction specific to this situation may emphasize the additional elements required to establish a retaliation claim. 3. Deliberate Indifference: If the plaintiff alleges that a prison official exhibited deliberate indifference to their well-being by failing to prevent or stop excessive force, a distinct instruction may highlight the factors and elements relevant to such claims. Overall, Illinois Jury Instruction — 2.2.4.1 Pretrial Detainee Alleging Excessive Force offers guidelines for juries to evaluate claims of excessive force brought by pretrial detainees and assists in ensuring a fair and just legal process.