N.C.P.I.—Civil 804.08

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:

“Was the defendant’s arrest of the plaintiff unlawful?”1

If you have answered the second issue “Yes,” then you will consider

the third issue. If, on the other hand, you have answered the second

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 lacked probable cause to arrest the plaintiff.2 The law

defines probable cause as the facts and circumstances that an officer

knows, based upon reasonably trustworthy information, to be sufficient to

warrant a prudent person to believe that the suspect had committed or

was committing an offense.3

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 lacked probable cause 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.