3001. Local Government Liability Policy Or Custom Essential Factual Elements

3001. Local Government Liability--Policy or Custom--Essential Factual Elements (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she] was deprived of [his/her] civil rights as a result of the official [policy/custom] of the [name of local governmental entity]. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. 5. That the [name of local governmental entity] had an official [policy/custom] [specify policy or custom]; That [name of officer or employee] was an [officer/employee/[other]] of [name of local governmental entity]; That [name of officer or employee] [intentionally/[insert other applicable state of mind]] [insert conduct allegedly violating plaintiff's civil rights]; That [name of officer or employee]'s conduct violated [name of plaintiff]'s right [specify right]; That [name of officer or employee] acted because of this official [policy/custom]. ________________________________________________________________________________ New September 2003; Revised December 2010; Renumbered from CACI No. 3007 and Revised December 2012