Jury instructions in §1983 actions typically cover a large range of issues, spanning many pages. These issues include the elements of the §1983 claim, principles governing the asserted constitutional rights, the burden of proof, causation, various aspects of damages, and usually municipal liability. The trial judge faces the daunting task of formulating instructions that are, on the one hand, both complete and accurate and, on the other hand, in language that is meaningful to lay jurors.
This column analyzes recent circuit court decisions concerning jury instructions in §1983 actions against law enforcement officers. The decisions concern: (1) the burden of proof in cases challenging warrantless searches; (2) deadly force claims; and (3) damages. As in any other type of case, the validity of jury instructions in a §1983 case must be determined by reference to the governing law.
Burden of Proof
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