CACI No. 3000

Factual Elements (42 U.S.C. § 1983)

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

[his/her/nonbinary pronoun] civil rights. To establish this claim, [name of

plaintiff] must prove all of the following:

1. That [name of defendant] [intentionally/[other applicable state of

mind]] [insert wrongful act];

2. That [name of defendant] was acting or purporting to act in the

performance of [his/her/ nonbinary pronoun] official duties;

3. That [name of defendant]’s conduct violated [name of plaintiff]’s

right [insert right, e.g., “of privacy”];

4. That [name of plaintiff] was harmed; and

5. That [name of defendant]’s [insert wrongful act] was a substantial

factor in causing [name of plaintiff]’s harm.

New September 2003