3043. Violation Of Prisoners Civil Rights 8th Amendment Deprivation Of Necessities

3043. Violation of Prisoner's Federal Civil Rights--Eighth Amendment-- Deprivation of Necessities (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] subjected [him/her] to prison conditions that deprived [him/her] of basic rights. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. 5. 6. 7. 8. That [name of plaintiff] was imprisoned under conditions that deprived [him/her] of [describe deprivation, e.g., clothing]; That this deprivation was sufficiently serious in that it denied [name of plaintiff] a minimal necessity of life; That [name of defendant]'s conduct created a substantial risk of serious harm to [name of plaintiff]'s health or safety; That [name of defendant] knew that [his/her] conduct created a substantial risk of serious harm to [name of plaintiff]'s health or safety; That there was no reasonable justification for the deprivation; 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. Whether the risk was obvious is a factor that you may consider in determining 3043. Violation of Prisoner's Federal Civil Rights--Eighth Amendment-- Deprivation of Necessities (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 whether [name of defendant] knew of the risk. _____________________________________________________________________________________________ New June 2015