WPI 348.12 Civil Rights—Municipal Liability—Fourth Amendment—Unreasonable Force—No Punitive Dam...
6A WAPRAC WPI 348.12Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 348.12 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XVII. Civil Rights
Chapter 348. Civil Rights—Damages and Verdict Forms
WPI 348.12 Civil Rights—Municipal Liability—Fourth Amendment—Unreasonable Force—No Punitive Damages—Special Verdict Form
(Insert caption.)
We, the jury, answer the questions submitted by the court as follows:
QUESTION 1: Was(name of plaintiff)subjected to the use of unreasonable force in deprivation of [his] [her] Fourth Amendment rights?
ANSWER: (Write “yes” or “no”)
(DIRECTION:
• If you answered “no” to Question 1, do not answer any other questions; sign this verdict form.
• If you answered “yes” to Question 1, answer Question 2.)
QUESTION 2: Was an official policy of(identify municipality or other entity)a moving force that led to this deprivation of(name of plaintiff)'s Fourth Amendment rights?
ANSWER: (Write “yes” or “no”)
(DIRECTION:
• If you answered “no” to Question 2, do not answer any other questions; sign this verdict form.
• If you answered “yes” to Question 2, answer Question 3.)
QUESTION 3: Was the unreasonable force a [proximate] cause of injury or damage?
ANSWER: (Write “yes” or “no”)
(DIRECTION:
• If you answered “no” to Question 3, do not answer any other questions; sign this verdict form.
• If you answered “yes” to Question 3, answer Question 4.)
QUESTION 4: What do you find to be the amount, if any, of(name of plaintiff)'s damages?
ANSWER: $
(DIRECTION: Sign this verdict form and notify the bailiff.)
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| Presiding Juror |
NOTE ON USE
This special verdict form applies to cases involving a government entity's liability for the use of unreasonable force under the Fourth Amendment.
Select the appropriate bracketed phrases, depending upon the facts of the case. In some cases, the verdict form may need to be supplemented with additional questions, such as if there is a factual dispute about particular policies or customs.
This instruction is intended for use in a civil rights action under Section 1983, Title 42, U.S.C.A. Causes of action under Sections 1981 (contractual issues) and 1985 (conspiracy) are not addressed in these instructions. See WPI 340.00 (Civil Rights—Introduction).
For complex causation issues, additional language may be necessary. See the Note on Use and Comment to WPI 341.01 (Civil Rights—Municipal and Local Government Liability—General Introductory Instruction) concerning causation in a Section 1983 case against a municipality or other local government defendant. For further discussion, see also the Notes on Use and Comments to WPI 340.06 (Causation—Comment Only), WPI 340.02 (Civil Rights—Individual Defendant—Burden of Proof on the Issues), and WPI 340.04 (Civil Rights—“Subjects” and “Causes to be Subjected”—Definition).
If the case contains another type of claim, such as an action in tort, care should be taken to label the civil rights or Section 1983 instructions as such.
If the case involves counter-claims, cross-claims, or third party claims, see WPI 41.05 (Counterclaim—Cross-Claim—Third-Party Claim).
[Current as of September 2018.]
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