CACI No. 3021

Warrant—Essential Factual Elements (42 U.S.C. § 1983)

[Name of plaintiff] claims that [name of defendant] wrongfully arrested

[him/her/nonbinary pronoun] because [he/she/ nonbinary pronoun] did not

have a warrant. To establish this claim, [name of plaintiff] must prove all

of the following:

1. That [name of defendant] arrested [name of plaintiff] without a

warrant [and without probable cause];

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 plaintiff] was harmed; and

4. That [name of defendant]’s conduct was a substantial factor in

causing [name of plaintiff]’s harm.

[The law requires that the trial judge, rather than the jury, decide if

[name of plaintiff] was arrested without probable cause. But in order for

me to do so, you must first decide:

[List all factual disputes that must be resolved by the jury.]]

New April 2009; Revised December 2009; Renumbered from CACI No. 3014

December 2012, June 2016