To be found liable for a civil rights violation the Defendant must have deprived the Plaintiff of a right, privilege, or immunity secured by the First Amendment.

Depriving a person of their civil rights may include retaliation by the Defendant for exercising those rights. Such retaliation may be shown if it tends to chill or deter the civil rights of a person of ordinary firmness. Also, through the conduct of the Defendant, there is or will be a chilling effect on the First Amendment rights of a person or persons of ordinary firmness in the present or in the future.

Civil Rights Violation - Elements

For you to find the Defendant liable for a violation of the Plaintiff’s civil rights, the Plaintiff must prove:

1) That the Defendant deliberately deprived the Plaintiff of a right, privilege, or immunity provided by the United States Constitution;

2) That the deprivation of such protected right, privilege, or immunity resulted from a policy or custom of the Defendant; and

3) That the Plaintiff sustained an actual injury as defined in these instructions.

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