VF 3023. Violation of Prisoners Federal Civil Rights Eighth Amendment Deprivation of Necessities

VF- 3023. Violation of Prisoner's Federal Civil Rights--Eighth Amendment-- Deprivation of Necessities Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 We answer the questions submitted to us as follows: 1. While imprisoned, was [name of plaintiff] deprived of [describe deprivation, e.g., clothing]? ____ Yes ____ No If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 2. Was this deprivation sufficiently serious in that it denied [name of plaintiff] a minimal necessity of life? ____ Yes ____ No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 3. Did [name of defendant]'s conduct create a substantial risk of serious harm to [name of plaintiff]'s health or safety? ____ Yes ____ No If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 3023. Violation of Prisoner's Federal Civil Rights--Eighth Amendment-- Deprivation of Necessities Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 4. Did [name of defendant] know that [his/her] conduct created a substantial risk of serious harm to [name of plaintiff]'s health or safety? ____ Yes ____ No If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 5. Was there a reasonable justification for [name of defendant]'s conduct? ____ Yes ____ No If your answer to question 5 is yes, then answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 6. Was [name of defendant] acting or purporting to act in the performance of [his/her] official duties? ____ Yes ____ No If your answer to question 6 is yes, then answer question 7. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 7. Was [name of defendant]'s conduct a substantial factor in causing harm to [name of plaintiff]? 3023. Violation of Prisoner's Federal Civil Rights--Eighth Amendment-- Deprivation of Necessities 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 ____ Yes ____ No If your answer to question 7 is yes, then answer question 8. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 8. What are [name of plaintiff]'s damages? [a. Past economic loss [lost earnings [lost profits [medical expenses [other past economic loss Total Past Economic Damages: [b. Future economic loss [lost earnings [lost profits [medical expenses [other future economic loss $ $ $ $ ] ] ] ] $ $ $ $ $ ] ] ] ] ] 3023. Violation of Prisoner's Federal Civil Rights--Eighth Amendment-- Deprivation of Necessities 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 Total Future Economic Damages: $ [c. Past noneconomic loss, including [physical pain/mental suffering:] $ $ ] ] ] [d. Future noneconomic loss, including [physical pain/mental suffering:] TOTAL $ Signed: Dated: Presiding Juror After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom. ____________________________________________________________________________ New December 2015; Revised December 2016