9th Cir. Model Jury Instr. (Civil) 9.30

As previously explained, the plaintiff [name] has the burden of proving that the act[s] of the defendant [name] deprived the plaintiff [name] of particular rights under the United States Constitution. In this case, the plaintiff [name] alleges the defendant [name] deprived [him] [her] [other pronoun] of [his] [her] [other pronoun] rights under the Eighth Amendment to the Constitution when [insert factual basis of the plaintiff’s claim].

Under the Eighth Amendment, a convicted prisoner has the right to be free from “cruel and unusual punishments.” To prove the defendant [name] deprived the plaintiff [name] of this Eighth Amendment right, the plaintiff [name] must establish the following elements by a preponderance of the evidence:

First, the defendant [name] acted under color of law;

Second, the defendant [name] acted without penological justification; and

Third, the defendant [name] [touched the prisoner in a sexual manner] [engaged in sexual conduct for the defendant [name]’s own sexual gratification] [acted for the purpose of humiliating, degrading, or demeaning the prisoner].