3051. Unlawful Removal Of Child From Parental Custody W-o Warrant Essential Factual Els

3051. Unlawful Removal of Child From Parental Custody Without a Warrant--Essential Factual Elements (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] wrongfully removed [name of plaintiff]'s child from [his/her] parental custody because [he/she] did not have a warrant. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. That [name of defendant] removed [name of plaintiff]'s child from [his/her] parental custody without a warrant; That [name of defendant] was acting or purporting to perform [his/her] official duties; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. ________________________________________________________________________________ New June 2016