N.C.P.I.—Civil 804.01

NOTE WELL: This series of instructions is designed to

be used with 804.05 (“Excessive Force in Making Arrest

- Common Law Claim for Battery - Sample Verdict

Sheet”).1

The (state number) issue reads:

“Did the defendant commit a battery upon the plaintiff during his

arrest of the plaintiff?”

On this issue the burden of proof is on the plaintiff. This means

that the plaintiff must prove, by the greater weight of the evidence, two

things:2

First, that the defendant committed a battery3 upon the plaintiff.

The law defines a battery as intentional4 bodily contact that occurs

without the consent of the person being contacted and [actually offends a

reasonable sense of personal dignity] [causes physical pain or injury].

And, Second, that the battery occurred during an arrest.

An individual has been arrested when a law enforcement officer

interrupts the individual’s activities and significantly restricts his freedom

of action.5

Finally, as to this (state number) issue on which the plaintiff has

the burden of proof, if you find, by the greater weight of the evidence,

that the defendant committed a battery upon the plaintiff and that such

battery occurred during defendant’s arrest of plaintiff, then it would be

your duty to answer this issue “Yes” in favor of the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue “No” in favor of the defendant.