9.4 Section 1983 Claim Against Supervisory Defendant in Individual Capacity-Elements and Burden of Proof

• Category: Federal - Jury Instructions - 9th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-9THCIR-9-4
• Format: Rich Text

Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

A 9.4 Section 1983 Claim Against Supervisory Defendant in Individual Capacity-Elements and Burden of Proof is a legal action that allows an individual to seek compensation for violations of their civil rights. This type of claim is often used when an individual is subjected to unconstitutional actions because of their race, color, religion, sex, national origin, disability, or other protected status. The elements of a 9.4 Section 1983 Claim Against Supervisory Defendant in Individual Capacity are: (1) the defendant was a supervisor with knowledge of the constitutional violations; (2) the defendant was personally involved in the constitutional violations or acted with deliberate indifference to the violation; (3) the defendant's actions caused a deprivation of the plaintiff's constitutional rights; and (4) the plaintiff suffered damages as a result of the defendant's actions. The burden of proof in this type of claim rests on the plaintiff, who must prove the elements of the claim by a preponderance of the evidence.