3041. Violation Of Prisoners Federal Civil Rights 8th Amendment Medical Care

3041. Violation of Prisoner's Federal Civil Rights--Eighth Amendment--Medical Care (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] provided [him/her] with inadequate medical care in violation of [his/her] constitutional rights. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. 5. 6. That [name of plaintiff] had a serious medical need; That [name of defendant] knew that [name of plaintiff] faced a substantial risk of serious harm if [his/her] medical need went untreated; That [name of defendant] consciously disregarded that risk by not taking reasonable steps to treat [name of plaintiff]'s medical need; 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. A serious medical need exists if the failure to treat a prisoner's condition could result in further significant injury or the unnecessary and pointless infliction of pain. Neither medical negligence alone, nor a difference of opinion between medical personnel or between doctor and patient, is enough to establish a violation of [name of plaintiff]'s constitutional rights. [In determining whether [name of defendant] consciously disregarded a 3041. Violation of Prisoner's Federal Civil Rights--Eighth Amendment-- Medical Care (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 substantial risk, you should consider the personnel, financial, and other resources available to [him/her] or those that [he/she] could reasonably have obtained. [Name of defendant] is not responsible for services that [he/she] could not provide or cause to be provided because the necessary personnel, financial, and other resources were not available or could not be reasonably obtained.] ______________________________________________________________________________________________ New September 2003; Revised December 2010; Renumbered from CACI No. 3012 December 2012; Revised June 2014, December 2014, June 2015