3021. Unlawful Arrest by Peace Officer Without Warrant Essential Factual Elements

3021. Unlawful Arrest by Peace Officer 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Warrant--Essential Factual Elements (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant]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 arrested [him/her] 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] arrested [name of plaintiff] without a warrant and without probable cause; That [name of defendant] was acting or purporting to act in the performance of [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. [The law requires that the trial judge, rather than the jury, decide if [name of plaintiff] was arrested without probable cause. But in order for me to do so, you must first decide: [List all factual disputes that must be resolved by the jury.]] ________________________________________________________________________________ New April 2009; Revised December 2009; Renumbered from CACI No. 3014 December 2012, June 2016