CACI No. 3043

Amendment—Deprivation of Necessities (42 U.S.C. § 1983)

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

[him/her/nonbinary pronoun] to prison conditions that deprived [him/her/

nonbinary pronoun] of basic rights. To establish this claim, [name of

plaintiff] must prove all of the following:

1. That [name of plaintiff] was imprisoned under conditions that

deprived [him/her/ nonbinary pronoun] of [describe deprivation, e.g.,

clothing];

2. That this deprivation was sufficiently serious in that it denied

[name of plaintiff] a minimal necessity of life;

3. That [name of defendant]’s conduct created a substantial risk of

serious harm to [name of plaintiff]’s health or safety;

4. That [name of defendant] knew that [his/her/ nonbinary pronoun]

conduct created a substantial risk of serious harm to [name of

plaintiff]’s health or safety;

5. That there was no reasonable justification for the deprivation;

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

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

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

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

causing [name of plaintiff]’s harm.

Whether the risk was obvious is a factor that you may consider in

determining whether [name of defendant] knew of the risk.

New June 2015; Revised May 2020