9th Cir. Model Jury Instr. (Civil) 9.34

Claim Re Conditions of Confinement/Medical Care

The plaintiff [name] has brought a claim under the Fourteenth Amendment to the United States Constitution against the defendant [name]. The plaintiff [name] asserts the defendant [name] failed to provide [safe conditions of confinement] [needed medical care].

To prevail on this claim, the plaintiff [name] has the burden of proving each of the following elements by a preponderance of the evidence:

First, the defendant [name] made an intentional decision regarding [the conditions under which the plaintiff was confined] [the denial of needed medical care];

Second, the [conditions of confinement] [denial of needed medical care] put the plaintiff [name] at substantial risk of suffering serious harm;

Third, the defendant [name] did not take reasonable available measures to abate or reduce the risk of serious harm, even though a reasonable officer under the circumstances would have understood the high degree of risk involved—making the consequences of the defendant [name]’s conduct obvious; and

Fourth, by not taking such measures the defendant [name] caused the plaintiff [name]’s injuries.

With respect to the third element, the defendant [name]’s conduct must be objectively unreasonable.