CACI No. 3046

Rights—Fourteenth Amendment—Medical Care and Conditions of

Confinement (42 U.S.C. § 1983)

[Name of plaintiff] claims that [name of defendant] failed to provide [him/

her/nonbinary pronoun] [safe conditions of confinement/needed 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 defendant] made an intentional decision regarding

the [conditions of confinement/denial of needed medical care];

2. That the [conditions of confinement/denial of needed medical

care] put [name of plaintiff] at substantial risk of serious harm;

3. That [name of defendant] did not take reasonable available

measures to prevent or reduce the risk of serious harm, even

though a reasonable officer under the same or similar

circumstances would have understood the high degree of risk

involved;

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.

New November 2021