3050. Retaliation Essential Factual Elements (42 U.S.C. § 1983)

3050. Retaliation--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Factual Elements (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] retaliated against [him/her] for exercising a constitutional right. [By [specify conduct], [name of plaintiff] was exercising [his/her] constitutionally protected right of [insert right, e.g., privacy].] To establish retaliation, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. 5. [That [he/she] was engaged in a constitutionally protected activity;] That [name of defendant] [specify alleged retaliatory conduct]; That [name of defendant]'s acts were motivated, at least in part, by [name of plaintiff]'s protected activity; That [name of defendant]'s acts would likely have deterred a person of ordinary firmness from engaging in that protected activity; and That [name of plaintiff] was harmed as a result of [name of defendant]'s conduct. [The law requires that the trial judge, rather than the jury, decide if [name of plaintiff] has proven element 1 above. But before I can do so, you must decide whether [name of plaintiff] has proven the following: [List all factual disputes that must be resolved by the jury.]] _____________________________________________________________________________ New June 2010; Revised December 2010, Renumbered from CACI No. 3016 and Revised December 2012, June 2013