CACI No. 3004

With Final Policymaking Authority—Essential Factual Elements

(42 U.S.C. § 1983)

[Name of plaintiff] claims that [he/she/ nonbinary pronoun] was deprived of

[his/her/nonbinary pronoun] civil rights as a result of [specify alleged

unconstitutional conduct, e.g., being denied a parade permit because of the

political message of the parade]. [Name of offıcial] is the person

responsible for establishing final policy with respect to [specify subject

matter , e.g., granting parade permits] for [name of local governmental

entity].

To establish that [name of local governmental entity] is responsible for this

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

1. That [name of plaintiff]’s right [specify right violated] was violated;

2. That [name of offıcial] was the person who [either] [actually

[made the decision/committed the acts]/ [or] later personally

ratified the [decision/acts]] that led to the deprivation of [name of

plaintiff]’s civil rights;

3. That [name of offıcial]’s [acts/decision] [was/were] a conscious and

deliberate choice to follow a course of action from among various

alternatives; and

4. That [name of offıcial] [[made the decision/committed the acts]/

[or] approved the [decision/acts]] with knowledge of [specify facts

constituting the alleged unlawful conduct].

[[Name of offıcial] “ratified” the decision if [he/she/ nonbinary pronoun]

knew the unlawful reason for the decision and personally approved it

after it had been made.]

New December 2010; Renumbered from CACI No. 3010 December 2012