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Roy A. Montes (A.K.A. Raymond v. P. Rafalowski and J. Clemons

July 13, 2012

ROY A. MONTES (A.K.A. RAYMOND
MONTEZELLO), PLAINTIFF,
v.
P. RAFALOWSKI AND J. CLEMONS, DEFENDANTS.



E-FILED on 7/13/2012

COURT'S PROPOSED SUBSTANTIVE JURY INSTRUCTIONS CORRECTIONAL OFFICERS

INSTRUCTION NO.

OVERVIEW OF PLAINTIFF'S CLAIMS Plaintiff Roy Montes brings claims under federal and state law against defendant Correctional Officers P. Rafalowski and J. Clemons. His federal claims are that Officers Rafalowski and Clemons violated his right to be free from cruel and unusual punishments protected by the Eighth Amendment to the United States Constitution. His claims under state law are that the defendant Officers committed a battery upon him and intentionally caused him to suffer emotional distress. I will first instruct you on what Mr. Montes must have proven to win on his federal claims. I will then instruct you on what he must have proven to succeed on his state claims.

INSTRUCTION NO.

CONVICTED PRISONER'S CLAIM OF EXCESSIVE FORCE Mr. Montes alleges that Officer Rafalowski deprived him of his rights under the Eighth Amendment to the Constitution by using excessive force against him. Under the Eighth Amendment, a convicted prisoner has the right to be free from cruel and unusual punishments. In order to have proven that Officer Rafalowski deprived Mr. Montes of this Eighth Amendment right by using excessive force against him, Mr. Montes must have proven the following are more likely true than not true:

1. Officer Rafalowski used excessive and unnecessary force in light of all of the circumstances;

2. Officer Rafalowski acted maliciously and sadistically for the purpose of causing harm; and

3. the acts of Officer Rafalowski caused harm to the plaintiff.

In determining whether Officer Rafalowski used excessive force in this case, consider the need to use force, the relationship between that need and the amount of force used, whether Officer Rafalowski applied the force in a good faith effort to maintain or restore discipline, any threat reasonably perceived by Officer Rafalowski, any efforts made to temper the severity of a forceful response, and the extent of any injury suffered. In considering these factors, you should give deference to prison officials in the adoption and execution of policies and practices that in their judgment are needed to preserve discipline and to maintain internal security in a prison.

INSTRUCTION NO.

EIGHTH AMENDMENT CLAIM FOR FAILURE TO INTERVENE Mr. Montes asserts that Officer Clemons deprived him of his rights under the Eighth Amendment to the Constitution by failing to intervene in the alleged use of excessive force by Officer Rafalowski. As stated earlier, under the Eighth Amendment, a convicted prisoner has the right to be free from cruel and unusual punishments. In order to have proven that Officer Clemons deprived Mr. Montes of this Eighth Amendment right by failing to intervene in the alleged use of excessive force by Officer Rafalowski, Mr. Montes must have proven the following are more likely true than not true:

1. that Officer Clemons was aware of a specific risk of harm to Mr. Montes, had a reasonable opportunity to intervene to prevent that harm, and failed to intervene;

2. that Officer Montes acted (or failed to act) maliciously and sadistically for the ...


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