3003. Local Government Liability Failure To Train Essential Factual Elements

3003. Local Government Liability--Failure to Train--Essential Factual Elements (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she] was deprived of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 [name of local governmental entity]'s failure to train its [officers/employees]. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. That [name of local governmental entity]'s training program was not adequate to train its [officers/employees]; That [name of local governmental entity] knew because of a pattern of similar violations[, or it should have been obvious to it,] that the inadequate training program was likely to result in a deprivation of the right [specify right violated]; That [name of officer or employee] violated [name of plaintiff]'s right [specify right]; That the failure to provide adequate training was the cause of the deprivation of [name of plaintiff]'s right [specify right]. 3. 4. ________________________________________________________________________________ New September 2003; Revised December 2010, December 2011; Renumbered from CACI No. 3009 December 2012