NC · jury_instructions
N.C.P.I.—Civil 804.07
EXCESSIVE FORCE IN MAKING ARREST - SECTION 1983 CLAIM-ISSUE OF USE OF FORCE.
NOTE WELL: This series of instructions is designed to
be used with 804.12 (“Excessive Force in Making Arrest
- Section 1983 Claim - Sample Verdict Sheet”).
The (state number) issue reads:
“Did the defendant use force to arrest the plaintiff?”
If you have answered the first issue “Yes,” then you will consider
the second issue. If, on the other hand, you have answered the first
issue “No,” then you will not consider the remaining issues.
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, that
the defendant used force to arrest the plaintiff. An arrest occurs when an
individual submits to a law enforcement officer’s assertion of authority
and intent to arrest the individual, or when physical force is applied to an
individual by an officer who is attempting to arrest the individual.1 Any
application of physical force by the defendant to arrest the plaintiff would
be sufficient.2
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 used force to arrest the 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.
History
N.C.P.I.—Civil 804.07 (March 2016). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
e93e0b6778b0b645763e0e0dc7cbe94bde5524aac58d2727585ba2b8acf61dd3
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