CACI No. 3041

Amendment—Medical Care (42 U.S.C. § 1983)

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

[him/her/nonbinary pronoun] with inadequate medical care in violation of

[his/her/nonbinary pronoun] constitutional rights. To establish this claim,

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

1. That [name of plaintiff] had a serious medical need;

2. That [name of defendant] knew that [name of plaintiff] faced a

substantial risk of serious harm if [his/her/ nonbinary pronoun]

medical need went untreated;

3. That [name of defendant] consciously disregarded that risk by not

taking reasonable steps to treat [name of plaintiff]’s medical need;

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

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

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

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

causing [name of plaintiff]’s harm.

A serious medical need exists if the failure to treat a prisoner’s condition

could result in further significant injury or the unnecessary and pointless

infliction of pain.

Neither medical negligence alone, nor a difference of opinion between

medical personnel or between doctor and patient, is enough to establish

a violation of [name of plaintiff]’s constitutional rights.

[In determining whether [name of defendant] consciously disregarded a

substantial risk, you should consider the personnel, financial, and other

resources available to [him/her/ nonbinary pronoun] or those that [he/she/

nonbinary pronoun] could reasonably have obtained. [Name of defendant]

is not responsible for services that [he/she/ nonbinary pronoun] could not

provide or cause to be provided because the necessary personnel,

financial, and other resources were not available or could not be

reasonably obtained.]

New September 2003; Revised December 2010; Renumbered from CACI No. 3012

December 2012; Revised June 2014, December 2014, June 2015, May 2020,

November 2021