CACI No. 1702

Figure—Matter of Public Concern)

[Name of plaintiff] claims that [name of defendant] harmed

[him/her/nonbinary pronoun] by making [one or more of] the following

statement(s): [list all claimed per se defamatory statement(s)]. To establish

this claim, [name of plaintiff] must prove all of the following:

Liability

1. That [name of defendant] made [one or more of] the statement(s)

to [a person/persons] other than [name of plaintiff];

2. That [this person/these people] reasonably understood that the

statement(s) [was/were] about [name of plaintiff];

[3. That [this person/these people] reasonably understood the

statement(s) to mean that [insert ground(s) for defamation per se,

e.g., “[name of plaintiff] had committed a crime”];]

4. That the statement(s) [was/were] false; and

5. That [name of defendant] failed to use reasonable care to

determine the truth or falsity of the statement(s).

Actual Damages

If [name of plaintiff] has proved all of the above, then [he/she/ nonbinary

pronoun] is entitled to recover [his/her/ nonbinary pronoun] actual damages

if [he/she/ nonbinary pronoun] proves that [name of defendant]’s wrongful

conduct was a substantial factor in causing any of the following:

a. Harm to [name of plaintiff]’s property, business, trade, profession,

or occupation;

b. Expenses [name of plaintiff] had to pay as a result of the

defamatory statements;

c. Harm to [name of plaintiff]’s reputation; or

d. Shame, mortification, or hurt feelings.

Assumed Damages

If [name of plaintiff] has not proved any actual damages for harm to

reputation or shame, mortification, or hurt feelings but proves by clear

and convincing evidence that [name of defendant] knew the statement(s)

[was/were] false or that [he/she/ nonbinary pronoun] had serious doubts

about the truth of the statement(s), then the law assumes that [name of

plaintiff]’s reputation has been harmed and that [he/she/ nonbinary

pronoun] has suffered shame, mortification, or hurt feelings. Without

presenting evidence of damage, [name of plaintiff] is entitled to receive

compensation for this assumed harm in whatever sum you believe is

reasonable. Y ou must award at least a nominal sum, such as one dollar.

Punitive Damages

[Name of plaintiff] may also recover damages to punish [name of

defendant] if [he/she/ nonbinary pronoun] proves by clear and convincing

evidence that [name of defendant] either knew the statement(s) [was/were]

false or had serious doubts about the truth of the statement(s), and that

[he/she/nonbinary pronoun] acted with malice, oppression, or fraud.

[For specific provisions, see CACI Nos. 3940–3949.]

New September 2003; Revised April 2008, October 2008, December 2009, June

2016, December 2016, January 2018