Wis JI-Civil 2822

Section 134.01 of the Wisconsin statutes makes it unlawful for two or more persons,

acting together, to maliciously compel another to perform an act against his or her will or to

maliciously prevent or hinder another from performing a lawful act.

(Plaintiff) claims that the (defendants) (defendant) and ( ) acted together in

violation of this Wisconsin law to maliciously injure (him) (her) by [compelling (him) (her)

to] [preventing or hindering (him) (her) from] (state the act).

To establish a violation, (plaintiff) must prove four things:

First, that the (defendants) (defendant) and ( ) acted together.

Second, that the (defendants) (defendant) and ( ) acted with a common purpose

to (compel plaintiff to) (prevent or hinder plaintiff from) (state the act).

Third, that the (defendants) (defendant) and ( ) acted maliciously in carrying

out the common purpose.

Fourth, the acts of the (defendants) (defendant) and ( ) financially injured the

plaintiff.

The first thing (plaintiff) must prove is that the (defendants) (defendant) and ( )

acted together. This means that they agreed, combined, associated or mutually undertook a

common purpose.

The second thing (plaintiff) must prove is that the agreed upon purpose was to

(compel plaintiff to) (prevent or hinder plaintiff from) (state the act).

The third thing (plaintiff) must prove is that the persons who acted with the common

purpose to compel (plaintiff) to perform an act against (his) (her) will or prevent or hinder

(him) (her) from performing a lawful act, acted maliciously; that is, with a malicious motive.

For conduct to be malicious, it must be intended to cause harm for harm's sake.

The fourth thing the (plaintiff) must prove is that the harmful acts of the (defendants)

(defendant) and ( ) financially injured (plaintiff). This means that (plaintiff) sustained

economic damage as a result of the acts of the (defendants) (defendant) and ( ) in

carrying out their malicious purpose.

[Burden of Proof, Wis. JI-Civil 205]