9.5 Section 1983 Claim Against Local Governing Body Defendants Based on Unlawful Official Policy, Practice, or Custom-Elements and Burden of Proof

• Category: Federal - Jury Instructions - 9th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-9THCIR-9-5
• Format: Rich Text

Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ A 9.5 Section 1983 claim against local governing body defendants based on an unlawful official policy, practice, or custom is a legal claim brought under the civil rights law found in 42 U.S.C. § 1983. This claim is brought against local government entities and/or their employees if a plaintiff can show that the defendants violated the plaintiff's civil rights as a result of an official policy, practice, or custom. The elements of this claim are: (1) the defendant(s) acted under color of law; (2) the defendant(s) deprived the plaintiff of a right secured by the Constitution or federal law; and (3) the defendant's action was the proximate cause of the plaintiff's injury. The burden of proof for this claim is on the plaintiff to establish each element by a preponderance of the evidence. Different types of 9.5 Section 1983 claims include, but are not limited to, claims based on excessive force, false arrest, malicious prosecution, and failure to intervene.

A 9.5 Section 1983 claim against local governing body defendants based on an unlawful official policy, practice, or custom is a legal claim brought under the civil rights law found in 42 U.S.C. § 1983. This claim is brought against local government entities and/or their employees if a plaintiff can show that the defendants violated the plaintiff's civil rights as a result of an official policy, practice, or custom. The elements of this claim are: (1) the defendant(s) acted under color of law; (2) the defendant(s) deprived the plaintiff of a right secured by the Constitution or federal law; and (3) the defendant's action was the proximate cause of the plaintiff's injury. The burden of proof for this claim is on the plaintiff to establish each element by a preponderance of the evidence. Different types of 9.5 Section 1983 claims include, but are not limited to, claims based on excessive force, false arrest, malicious prosecution, and failure to intervene.