3005. Supervisor Liability for Acts of Subordinates (42 U.S.C. § 1983)

3005. Supervisor Liability for Acts of Subordinates (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of supervisor defendant] is personally liable for [his/her] harm. In order to establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of supervisor defendant] knew, or in the exercise of reasonable diligence should have known, of [name of subordinate employee defendant]'s wrongful conduct; That [name of supervisor defendant] knew that the wrongful conduct created a substantial risk of harm to [name of plaintiff]; That [name of supervisor defendant] disregarded that risk by [expressly approving/impliedly approving/ [or] failing to take adequate action to prevent] the wrongful conduct; and That [name of supervisor defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. 2. 3. 4. ____________________________________________________________________________ New April 2007; Renumbered from CACI No. 3013 December 2010; Revised December 2011; Renumbered from CACI No. 3017 December 2012; Revised June 2013