Chicago Illinois Jury Instruction — 2.2.3.1 Convicted Prisoner Alleging Excessive Force serves as a guideline for the jury during the trial of a convicted prisoner who claims to have been subjected to excessive force. This instruction outlines the necessary elements that the plaintiff must prove in order to establish excessive force and seek compensation for the resulting damages. Excessive force refers to the use of more physical force than is reasonably necessary for officers to perform their duties. In the context of a convicted prisoner, this instruction acknowledges that force may sometimes be required but emphasizes that it should be within reasonable limits to avoid violating the prisoner's constitutional rights under the Eighth Amendment. The key elements to consider when evaluating an excessive force claim by a convicted prisoner are as follows: 1. Unreasonable Force: The plaintiff must demonstrate that the force used by the correctional officers or related personnel was unreasonable given the circumstances. This includes evaluating factors such as the severity of the offense committed, the potential threat posed by the prisoner, and the immediate situation at hand. 2. Serious Injury: The convicted prisoner must establish that they suffered a significant injury as a direct result of the alleged excessive force. This can include physical harm, psychological trauma, or any other substantial detrimental effect that can be objectively verified. 3. Deliberate Indifference: It must be shown that the correctional officers acted with deliberate indifference to the prisoner's safety or well-being. This means that they were aware of the excessive force being used or should have been aware of it but failed to take any action to prevent it or address it. Different variations or types of Chicago Illinois Jury Instruction — 2.2.3.1 Convicted Prisoner Alleging Excessive Force may include: 1. Use of Deadly Force: In cases where the excessive force involved the use of firearms or other lethal weapons, the instruction may emphasize additional factors to be considered by the jury. These factors may include whether the officers had a reasonable belief that the convicted prisoner posed an immediate threat of serious bodily harm or death. 2. Application of Non-Lethal Force: When non-lethal force, such as tasers, batons, or pepper spray, is alleged to have been used excessively, the instruction may provide specific criteria for determining the reasonableness of the force applied. This could involve assessing the proportionality of the force used in relation to the perceived threat and the potential risk of injury to the convicted prisoner. 3. Qualified Immunity: Occasionally, the instruction may also address the concept of qualified immunity, which shields government officials from personal liability for actions performed within the scope of their duties, provided that their conduct does not violate clearly established constitutional rights. This instruction may clarify the circumstances under which the defense of qualified immunity may or may not apply to the excessive force claim. Overall, Chicago Illinois Jury Instruction — 2.2.3.1 Convicted Prisoner Alleging Excessive Force assists the jury in carefully considering the evidence, applying relevant legal standards, and reaching a just verdict in cases where a convicted prisoner alleges excessive force at the hands of correctional officers.