9th Cir. Model Jury Instr. (Civil) 9.40

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 that the defendant [name] deprived the plaintiff [name] of [his] [her] [other pronoun] rights under the Fourteenth Amendment to the Constitution when [insert factual basis of the plaintiff’s claim].

Under the Fourteenth Amendment, a person has the constitutional right to be free from a government employee affirmatively placing that person in a position of actual, particularized danger (or in a situation of actual, particularized danger that is more dangerous than the position that the person already faced) if the government employee acted with deliberate indifference to a known or obvious danger.

To prove the defendant deprived the plaintiff [name] of this Fourteenth Amendment right, the plaintiff [name] must prove the following additional elements by a preponderance of the evidence:

First, the defendant [name] committed an affirmative act;

Second, the affirmative act placed the plaintiff [name] in a position of an actual, particularized danger by creating or exposing the plaintiff [name] to a danger that [he] [she] [other pronoun] not have otherwise faced;

Third, the defendant [name] acted with deliberate indifference to a known or obvious danger; and

Fourth, the affirmative act that created the actual, particularized danger caused injury to the plaintiff [name] that was foreseeable.

In this context, “deliberate indifference” means that the defendant [name] disregarded a known or obvious consequence of [his] [her] [other pronoun] action[s]. In other words, the defendant [name] must have known that something was going to happen but ignored the risk and still exposed the plaintiff [name] to that risk.