3020. Excessive Use Of Force Unreasonable Arrest Other Seizure Essential Factual Elements

3020. Excessive Use of Force--Unreasonable Arrest or Other Seizure--Essential Factual Elements (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] used excessive force in [arresting/detaining] [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 in [arresting/detaining] [name of plaintiff]; That the force used by [name of defendant] 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 not excessive if it is reasonably necessary under the circumstances. In deciding whether force is reasonably necessary or excessive, you should determine, based on all of the facts and circumstances, what force a reasonable law enforcement officer on the scene would have used under the same or similar circumstances. You should consider the following: (a) Whether [name of plaintiff] reasonably appeared to pose an immediate threat to the safety of [name of defendant] or others; and (b) The seriousness of the crime at issue; [and] (c) Whether [name of plaintiff] was actively [resisting [arrest/detention]/[or] 3020. Excessive Use of Force--Unreasonable Arrest or Other Seizure-- Essential Factual Elements (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 attempting to avoid [arrest/detention] by flight][./; and] (d) [ specify other factors particular to the case]. ________________________________________________________________________________ New September 2003; Revised June 2012; Renumbered from CACI No. 3001 December 2012; Revised June 2015, June 2016