Civil Rights - 42 U.S.C. Sec. 1983 Claims - Eighth or Fourteenth Amendment Claim - Failure to Protect

• Category: Federal - Jury Instructions - 11th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-11THCIR-5-9
• 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— - Eighth or Fourteenth Amendment Claim — Failure to Protect is a legal claim brought under the federal civil rights statute, 42 U.S.C. § 1983, which allows individuals to sue state or local government, or any person acting under color of state law, for violations of their protected civil rights. This type of claim is based on the Eighth or Fourteenth Amendment of the United States Constitution, and asserts that the state or local government failed in its duty to protect the individual from harm or deprivation of rights. There are two types of Civil Rights — 42 U.S.C. Sec. 1983 Claim— - Eighth or Fourteenth Amendment Claim — Failure to Protect: (1) failure to protect from harm or deprivation of rights by another individual or entity; and (2) failure to protect from harm or deprivation of rights by the state or local government. In the first type, the claim is based on the government's failure to protect the individual from harm or deprivation of rights caused by another individual or entity. In the second type, the claim is based on the state or local government's own actions or omissions that resulted in the harm or deprivation of rights. In either case, the individual must show that the state or local government had knowledge of the risk of harm or deprivation of rights, but failed to take reasonable steps to prevent it. The individual must also demonstrate that the failure to protect was a direct cause of the harm or deprivation of rights.

Civil Rights — 42 U.S.C. Sec. 1983 Claim— - Eighth or Fourteenth Amendment Claim — Failure to Protect is a legal claim brought under the federal civil rights statute, 42 U.S.C. § 1983, which allows individuals to sue state or local government, or any person acting under color of state law, for violations of their protected civil rights. This type of claim is based on the Eighth or Fourteenth Amendment of the United States Constitution, and asserts that the state or local government failed in its duty to protect the individual from harm or deprivation of rights. There are two types of Civil Rights — 42 U.S.C. Sec. 1983 Claim— - Eighth or Fourteenth Amendment Claim — Failure to Protect: (1) failure to protect from harm or deprivation of rights by another individual or entity; and (2) failure to protect from harm or deprivation of rights by the state or local government. In the first type, the claim is based on the government's failure to protect the individual from harm or deprivation of rights caused by another individual or entity. In the second type, the claim is based on the state or local government's own actions or omissions that resulted in the harm or deprivation of rights. In either case, the individual must show that the state or local government had knowledge of the risk of harm or deprivation of rights, but failed to take reasonable steps to prevent it. The individual must also demonstrate that the failure to protect was a direct cause of the harm or deprivation of rights.