11th Cir. Pattern Jury Instr. (Civil) 5.4

Claim – Private Person or Pretrial Detainee Alleging Excessive Force

In this case, [name of plaintiff] claims that [name of defendant], while

acting under color of law, intentionally committed acts that violated [name of

plaintiff]’s constitutional right to be free from the use of excessive or

unreasonable force [during an arrest] [while being held in custody as a pretrial

detainee].

Under the [Fourth] [Fourteenth] Amendment to the United States

Constitution, every person has the right not to be subjected to excessive or

unreasonable force [while being arrested by a law enforcement officer—even

though the arrest is otherwise made in accordance with the law] [while being

held in custody as a pretrial detainee].

To succeed on this claim, [name of plaintiff] must prove each of the

following facts by a preponderance of the evidence:

First: That [name of defendant] intentionally committed acts that

violated [name of plaintiff]’s constitutional right not to be subjected to

excessive or unreasonable force [during an arrest] [while being held in custody as

a pretrial detainee];

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Second: That [name of defendant]’s conduct caused [name of

plaintiff]’s injuries; and

Third: That [name of defendant] acted under color of law. [The

parties have agreed that [name of defendant] acted under color of law, so

you should accept that as a proven fact.]

(First Element for claims asserted by arrestees):

[For the first element, [name of plaintiff] claims that [name of

defendant] used excessive force when arresting [him/her]. When making a

lawful arrest, an officer has the right to use reasonably necessary force to

complete the arrest. Whether a specific use of force is excessive or

unreasonable depends on factors such as the crime’s severity, whether a suspect

poses an immediate violent threat to others, whether the suspect resists or

flees, the need for application of force, the relationship between the need for

force and the amount of force used, and the extent of the injury inflicted.

You must decide whether the force [name of defendant] used in making

the arrest was excessive or unreasonable based on the degree of force a

reasonable and prudent law enforcement officer would have applied in making

the arrest under the same circumstances. [Name of defendant]’s underlying intent

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or motivation is irrelevant.]

(First Element for claims asserted by pretrial detainees):

[For the first element, [name of plaintiff] claims that [name of

defendant] used excessive force on [him/her] while [he/she] was being held in

custody as a pretrial detainee. But not every push or shove—even if it later

seems unnecessary—is a constitutional violation. Also, an officer always has the

right to use the reasonable force that is necessary under the circumstances

to maintain order and ensure compliance with jail or prison regulations. Whether

a specific use of force is excessive or unreasonable depends on factors such as

the relationship between the need for the use of force and the amount of force

used; the extent of the plaintiff’s injury; any effort made by the officer to

temper or limit the amount of force used; the severity of the security problem

at issue; the threat reasonably perceived by the officer; and whether the plaintiff

was actively resisting.

You must decide whether the force [name of defendant] used in this

case was excessive or unreasonable based on the degree of force a reasonable

officer would have applied to maintain order and safety under the same

circumstances. [Name of defendant]’s underlying intent or motivation is

irrelevant.]

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For the second element, [name of defendant]’s conduct caused [name

of plaintiff]’s injuries if [name of plaintiff] would not have been injured

without [name of defendant]’s conduct, and the injuries were a reasonably

foreseeable consequence of [name of defendant]’s conduct.

[For the third element, you must decide whether [name of defendant]

acted under color of law. A government official acts “under color” of law when

acting within the limits of lawful authority. [He/She] also acts under color of

law when [he/she] claims to be performing an official duty but [his/her] acts

are outside the limits of lawful authority and abusive in manner, or [he/she]

acts in a way that misuses [his/her] power and is able to do so only because

[he/she] is an official.]

If you find [name of plaintiff] has proved each fact that [he/she] must

prove, you must decide the issue of [his/her] damages. If you find that [name of

plaintiff] has not proved each of these facts, then you must find for [name of

defendant].

NOTE: Model Jury Interrogatory Forms may be found in the appendices

after the last civil rights jury instruction (Number 5.13) for use in actions

brought under 42 U.S.C. § 1983. Three types of Model Jury Interrogatory

Forms are provided: (A) a simplified Interrogatory Form for use in most civil

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rights actions; (B) an Interrogatory Form for use in actions that do not require

application of the Prison Litigation Reform Act, and (C) an Interrogatory Form for

use in actions that do require application of the Prison Litigation Reform Act.