3052. Use of Fabricated Evidence-Essential Factual Elements (42 U.S.C. § 1983)

3052. Use of Fabricated Evidence--Essential Factual Elements (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] deliberately fabricated evidence against [him/her], and that as a result of this evidence being used against [him/her], [he/she] was deprived of [his/her] [specify right, privilege, or immunity secured by the Constitution, e.g., liberty]. In order to establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. That [name of defendant] [specify fabricated evidence, e.g., informed the district attorney that plaintiff's DNA was found at the scene of the crime]; That this [e.g., statement] was not true; That [name of defendant] knew that the [e.g., statement] was not true; and That because of [name of defendant]'s conduct, [name of plaintiff] was deprived of [his/her] [e.g., liberty]. To decide whether there was a deprivation of rights because of the fabrication, you must determine what would have happened if the [e.g., statement] had not been used against [name of plaintiff]. [Deprivation of liberty does not require that [name of plaintiff] have been put in jail. Nor is it necessary that [he/she] prove that [he/she] was wrongly convicted of a crime.] ______________________________________________________________________________ New May 2017