3040. Violation of Prisoner's Federal Civil Rights--Eighth Amendment-- Substantial Risk of Serious Harm (42 U.S.C. § 1983) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] subjected [him/her] to prison conditions that violated [his/her] constitutional rights. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. That while imprisoned, [describe violation that created risk, e.g., [name of plaintiff] was placed in a cell block with rival gang members]; That [name of defendant]'s [conduct/failure to act] created a substantial risk of serious harm to [name of plaintiff]'s health or safety; That [name of defendant] knew that [his/her] [conduct/failure to act] created a substantial risk of serious harm to [name of plaintiff]'s health or safety; That [name of defendant] disregarded the risk by failing to take reasonable measures to address it; That there was no reasonable justification for the [conduct/failure to act]; That [name of defendant] was performing [his/her] official duties when [he/she] [acted/purported to act/failed to act]; That [name of plaintiff] was harmed; and That [name of defendant]'s [conduct/failure to act] was a substantial factor in causing [name of plaintiff]'s harm. 4. 5. 6. 7. 8. Whether the risk was obvious is a factor that you may consider in determining whether [name of defendant] knew of the risk. 3040. Violation of Prisoner's Federal Civil Rights--Eighth Amendment-- Substantial Risk of Serious Harm (42 U.S.C. § 1983) _______________________________________________________________________________________________ New September 2003; Revised December 2010, June 2011; Renumbered from CACI No. 3011 December 2012; Revised December 2014, June 2015, May 2017