Jury Instruction (Page 2 of 4) in pdf

Jury Instruction Page 2

Case 1:03-cv-01008-WDM-KLM

Document 192-2

Filed 02/10/2006

Page 2 of 4

INSTRUCTION NO.

Civil rights claim

Plaintiff claims to have been deprived of his civil rights provided by Article IV of

the United States Constitution against unreasonable searches and seizures of his

property. In order for plaintiff to establish this claim against each defendant, he has the

burden of proving the following matters by a preponderance of the evidence as to that

defendant:

1. The defendant performed acts or caused others to perform acts to unlawfully

and unreasonably search or seize his property;

2. The defendant was acting under color of state law, which the parties agree

was the case here; and

3. The defendant’ s conduct proximately caused plaintiff’ s damages.

If you find that any of these matters have not been proved, then your verdict

must be for the defendant.

If, on the other hand, you find that plaintiff has proved these matters by a

preponderance, then your verdict must be for plaintiff on this claim.

Jury Instruction Page 2