3004. Local Govt Liability Act By Official With Final Authority Essential Factual Elements

3004. Local Government Liability--Act or Ratification by Official With Final Policymaking Authority--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Factual Elements (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she] was deprived of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 [specify alleged unconstitutional conduct, e.g., being denied a parade permit because of the political message of the parade]. [Name of official] is the person responsible for establishing final policy with respect to [specify subject matter, e.g., granting parade permits] for [name of local governmental entity]. To establish that [name of local governmental entity] is responsible for this deprivation, [name of plaintiff] must prove all of the following: 1. 2. That [name of plaintiff]'s right [specify right violated] was violated; That [name of official] was the person who [either] [actually [made the decision/committed the acts]/ [or] later personally ratified the [decision/act]] that led to the deprivation of [name of plaintiff]'s civil rights; That [name of official]'s [acts/decision] [was/were] a conscious and deliberate choice to follow a course of action from among various alternatives; and That [name of official] [[made the decision/committed the acts]/ [or] approved the [decision/acts]] with knowledge of [specify facts constituting the alleged unlawful conduct]. 3. 4. [[Name of official] "ratified" the decision if [he/she] knew the unlawful reason for the decision and personally approved it after it had been made.] ________________________________________________________________________________ New December 2010; Renumbered from CACI No. 3010 December 2012