CACI No. 3052

U.S.C. § 1983)

[Name of plaintiff] claims that [name of defendant] deliberately fabricated

evidence against [him/her/ nonbinary pronoun], and that as a result of this

evidence being used against [him/her/ nonbinary pronoun],

[he/she/nonbinary pronoun] was deprived of [his/her/ nonbinary pronoun]

[specify right, privilege, or immunity secured by the Constitution, e.g.,

liberty] without due process of law. In order to establish this claim, [name

of plaintiff] must prove all of the following:

1. That [name of defendant] [specify fabricated evidence, e.g., informed

the district attorney that plaintiff’s DNA was found at the scene of the

crime];

2. That this [e.g., statement] was not true;

3. That [name of defendant] knew that the [e.g., statement] was not

true; and

4. That because of [name of defendant]’s conduct, [name of plaintiff]

was deprived of [his/her/ nonbinary pronoun] [e.g., liberty].

To decide whether there was a deprivation of rights because of the

fabrication, you must determine what would have happened if the [e.g.,

statement] had not been used against [name of plaintiff].

[Deprivation of liberty does not require that [name of plaintiff] have been

put in jail. Nor is it necessary that [he/she/ nonbinary pronoun] prove that

[he/she/nonbinary pronoun] was wrongly convicted of a crime.]

New May 2017