3042. Violation Of Prisoners Federal Civil Rights Eighth Amendment Excessive Force

3042. Violation of Prisoner's Federal Civil Rights--Eighth Amendment-- Excessive Force (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] used excessive force against [him/her]. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. 5. That [name of defendant] used force against [name of plaintiff]; That the force used was excessive; 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 use of excessive force was a substantial factor in causing [name of plaintiff]'s harm. Force is excessive if it is used maliciously and sadistically to cause harm. In deciding whether excessive force was used, you should consider, among other factors, the following: (a) The need for the use of force; (b) The relationship between the need and the amount of force that was used; (c) The extent of injury inflicted; (d) The extent of the threat to the safety of staff and inmates, as reasonably perceived by the responsible officials on the basis of the facts known to 3042. Violation of Prisoner's Federal Civil Rights--Eighth Amendment-- Excessive Force (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 them; [and] (e) (f) Any efforts made to temper the severity of a forceful response; [and] [Insert other relevant factor.] Force is not excessive if it is used in a good-faith effort to protect the safety of inmates, staff, or others, or to maintain or restore discipline. ________________________________________________________________________________ New September 2003; Revised June 2010; Renumbered from CACI No. 3010 December 2010; Renumbered from CACI No. 3013 December 2012