WPI 343.01 General Conditions of Confinement—Eighth Amendment—Burden of Proof on the Issues
6A WAPRAC WPI 343.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 343.01 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XVII. Civil Rights
Chapter 343. Civil Rights—Conditions of Confinement
WPI 343.01 General Conditions of Confinement—Eighth Amendment—Burden of Proof on the Issues
(Name of plaintiff)claims that(name of defendant)subjected(name of plaintiff)to a deprivation of [his] [her] Eighth Amendment constitutional right to be free from cruel and unusual punishment] while confined. This includes the right to(specify particular constitutional interest).
(Name of plaintiff)has the burden of proving each of the following propositions:
(1) That(name of plaintiff)faced a substantial risk of serious harm;
(2) That(name of defendant)was deliberately indifferent to that risk;
(3) That (name of defendant) was acting under color of law; and
(4) That(name of defendant)'s actions [proximately] caused injury or damage to(name of plaintiff).
If you find from your consideration of all the evidence that each of these propositions has been proved, then your verdict should be for(name of plaintiff)[on this claim]. On the other hand, if any of these propositions has not been proved, then your verdict should be for(name of defendant)[on this claim].
NOTE ON USE
Use this instruction for Eighth Amendment claims involving medical needs of incarcerated persons who have been convicted and sentenced for a crime.
See WPI 343.00 (Conditions of Confinement—Eighth Amendment and Fourteenth Amendment—Introduction) regarding whether to use or modify this instruction for a general conditions of confinement claim brought by a pretrial detainee under the Fourteenth Amendment.
Use this instruction with WPI 340.01 (Claims Instruction for Section 1983 Cases) and WPI 340.03 (Civil Rights—“Under Color of Law”—Definition). Use this instruction in place of WPI 340.02 (Civil Rights—Individual Defendant—Burden of Proof on the Issues).
If there are genuine issues of material fact concerning deliberate indifference in a claim brought under the Eighth Amendment, use WPI 343.02 (Conditions of Confinement—Eighth Amendment—Deliberate Indifference—General Conditions of Confinement) with this instruction.
Do not use WPI 341.04 (Civil Rights—Failure to Train or Inadequate Training—Municipal Liability—“Deliberate Indifference”—Definition) with this instruction. WPI 341.04 is not appropriate for use in an Eighth or Fourteenth Amendment conditions of confinement case.
For discussions of causation and the bracketed word “proximately,” see the Comments to WPI 340.02 (Civil Rights—Individual Defendant—Burden of Proof on the Issues), WPI 340.04 (Civil Rights—“Subjects” and “Causes to be Subjected”—Definition), and WPI 340.06 (Causation—Comment Only).
Use this instruction with WPI 21.01 (Meaning of Burden of Proof—Preponderance of Evidence).
For medical claims brought under the Eighth Amendment, use WPI 343.03 (Conditions of Confinement/Medical Care—Eighth Amendment—Burden of Proof on the Issues) instead of this instruction. For medical claims brought under the Fourteenth Amendment, see the Comment to WPI 343.03.
For failure to protect claims brought under the Eighth Amendment, use WPI 343.05 (Conditions of Confinement/Failure to Protect—Eighth Amendment—Burden of Proof on the Issues) instead of this instruction. For failure to protect claims brought under the Fourteenth Amendment, use WPI 343.07 (Conditions of Confinement/Failure to Protect—Fourteenth Amendment—Burden of Proof on the Issues).
COMMENT
This instruction is new for this edition. The instruction designated as WPI 343.01 in previous editions can be found at WPI 343.03 (Conditions of Confinement/Medical Care—Eighth Amendment—Burden of Proof on the Issues.)
See WPI 343.00 (Conditions of Confinement—Eighth Amendment and Fourteenth Amendment—Introduction) for a discussion of this and other Eighth and Fourteenth Amendment conditions of confinement claims.
If some or all of the allegations are that the defendant did not directly take action or fail to take action regarding the deprivations alleged by plaintiff, but instead defendant caused the plaintiff to be harmed by deliberate indifference because of the acts or omissions of others under official policies, the instruction will need to be modified accordingly.
[Current as of September 2018.]
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