11th Cir. Pattern Jury Instr. (Civil) 5.5

Unlawful Seizure Pursuant to Legal Process

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

acting under color of law, maliciously caused criminal proceedings to be

commenced against or continued against [name of plaintiff] without probable

cause and because of those proceedings, [name of plaintiff] was unlawfully

seized in violation of [his/her] rights under the United States Constitution.

Under the Fourth Amendment to the United States Constitution, every

person has the right not to be seized without probable cause.

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] caused a criminal proceeding to be

instituted or continued against [name of plaintiff];

Second: That [name of defendant] acted without probable cause;

Third: That the proceeding terminated in [name of plaintiff]’s

favor;

Fourth: That [name of plaintiff] was unlawfully seized as a result of

the criminal proceeding; and

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

For the second element, you must decide whether [name of defendant]’s

actions causing the criminal proceeding to be instituted or continued were

taken without probable cause. Probable cause exists whenever the facts and

circumstances within [name of defendant]’s knowledge, based on reasonably

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trustworthy information, would cause a reasonable officer to believe that the

person has committed a criminal offense.

For the third element, you must decide whether the proceeding terminated

in [name of plaintiff]’s favor. The proceeding terminated in [name of

plaintiff]’s favor if the formal end to the criminal proceedings against [name of

plaintiff] did not end in [name of plaintiff]’s conviction on, or admission of guilt

to, each charge that justified his seizure. [Name of plaintiff] is not required to

show that the prosecution ended with some affirmative indication of innocence.

For example, the proceeding terminated in [name of plaintiff]’s favor if [name

of plaintiff] was acquitted, the case was dismissed without [name of plaintiff]

admitting guilt to each charge justifying the seizure, or a nolle prosequi was

entered. A nolle prosequi means that the prosecutor in the underlying

criminal case dropped the criminal charge[s] against [name of plaintiff].

For the fourth element, you must decide whether [name of plaintiff] was

unlawfully seized as a result of the criminal proceeding. A seizure under the

Fourth Amendment occurs when there is an undue restraint placed on an

individual’s personal liberty. The seizure must have occurred after the

beginning of [name of plaintiff]’s criminal proceeding. In the case of a

warrantless arrest, a criminal proceeding begins after the individual is arraigned

or indicted. In the case of an arrest pursuant to a warrant, a criminal proceeding

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begins once the warrant is issued.

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

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

[he/she] acts 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 of the facts that [he/she]

must prove, you must then decide the issue of [name of plaintiff]’s damages. If

you find that [name of plaintiff] has not proved each of these facts, 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 (Pattern Instruction 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 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.

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