FEDERAL CIVIL JURY INSTRUCTIONS OF THE SEVENTH …

1 FEDERAL CIVILJURY INSTRUCTIONSOF THE SEVENTH CIRCUIT_____Prepared ByThe Committee on Pattern CIVIL jury Instructionsof the SEVENTH CircuitTABLE OF GENERAL INSTRUCTIONS ..4 General Cautionary General: Functions of the Court and No Inference From Judge s All Litigants Equal Before the Is and What Is Not Deposition What is Not and Considering the Consideration of All Evidence Regardless of Who Limited Purpose of Evidence Limited to Certain Weighing the Definition of Direct and Circumstantial Testimony of Witness: Deciding What to Prior Inconsistent Statements [or Acts].. Impeachment of Lawyer Interviewing Number of Absence of Adverse Inference from Missing Spoliation/Destruction of Types of Expert Translated Demonstrative Consideration of Multiple Multiple Claims; Multiple Dismissed/Withdrawn of Burden of Clear and Convincing Burden for Affirmative Defense/Burden-Shifting of Proximate No Need to Consider Damages of Selection of Presiding Juror; General Communication with Disagreement Among IN-TRIAL INSTRUCTIONS .

2 LIMITING Instruction Before Instruction on News Admitted Only Against One of of Tape as Substantive of of Character by Conviction of of Records as of s Comments to EMPLOYMENT DISCRIMINATION: TITLE VII, Employment Discrimination or by Co-employee or Third Harassment with Tangible Employment Supervisor Harassment with No Tangible Employment Action .. Willfulness: Where Age Discrimination is Cautionary Instruction on Reasonableness of Defendant s Disparate Damages: Compensatory Back Punitive EMPLOYMENT DISCRIMINATION: AMERICANS WITH DISABILITIES Nature of ADA Claim and Elements of An ADA Claim Disparate Treatment (Non-Accommodation) Elements of Plaintiff s Claim Reasonable Accommodation Definition of Disability.

3 Definition of Qualified .. Reasonable Accommodation: General Reasonable Accommodation: Supplemental INSTRUCTIONS for Specific Accommodation Interactive Undue Hardship Direct Threat Damage: Back Damages: Compensatory Punitive Special Verdict EQUAL PAY Elements of a of Time PUBLIC EMPLOYEES AND PRISONER Employee s First Amendment Retaliation Prisoner s Right of Access Retaliation CONSTITUTIONAL TORTS: 42 1983 .. General: Police Department/Municipality Not a Party .. : Requirement of Personal : Color of Law .. Instruction Concerning Evidence of Statutes, Administrative Rules, Regulations, and Fourth Amendment: False Arrest - Fourth Amendment: False Arrest - Definition of Probable Cause.

4 Fourth Amendment: False Arrest - Failure to Fourth Amendment/Fourteenth Amendment: Excessive Force Against Arrestee or Pre-Trial Detainee - Elements .. Amendment/Fourteenth Amendment: Excessive Force - Definition of Unreasonable .. and Fourteenth Amendments: Prison/Jail Conditions of Confinement - and Fourteenth Amendments: Failure to Protect - and Fourteenth Amendments: Failure to Provide Medical Attention - and Fourteenth Amendments: Failure to Provide Medical Attention - Definition of Serious Medical Need .. and Fourteenth Amendments: Conditions of Confinement/Failure to Protect/ Failure to Provide Medical Care - Definition of Deliberately Indifferent.

5 Amendment: Excessive Force Against Convicted Prisoner - Fourth, Eighth, and Fourteenth Amendments: Claim for Failure of Bystander Officer to Intervene - Liability of Supervisors: Elements .. of of Municipality: Definition of Official Policy .. Liability of Municipality for Failure to Train: Elements .. Damages: Prefatory Instruction .. Damages: Compensation .. Damages: Punitive ..1658. PRISONER S RIGHT OF ACCESS TO of of Prisoner s Access to ..171 APPENDIX: SAMPLE PRELIMINARY Committee on FEDERAL CIVIL jury INSTRUCTIONS for the SEVENTH Circuit draftedthese proposed pattern jury INSTRUCTIONS . The Circuit Council has approved the publicationof these INSTRUCTIONS , but has not approved their content.

6 These are pattern INSTRUCTIONS , no more, no less. No trial judge is required to usethem, and the Committee, while hopeful that they will provide an effective template in mosttrials, strongly recommends that each judge review the INSTRUCTIONS to be sure each fits thecase on trial. The Committee hopes this work will ease the burden on trial counsel inproposing jury INSTRUCTIONS and the burden on trial judges in preparing them. Brieferinstruction conferences allow more efficient use of jurors Committee set about its task with two primary goals: 1) to state accurately thelaw as understood in this circuit; 2) to help judges communicate more effectively with juriesthrough the use of simple language in short declarative sentences in the active voice.

7 Wetried to keep the INSTRUCTIONS as brief as possible and avoid INSTRUCTIONS on permissiveinferences. The Committee strongly endorses the practice of providing the jurors with writtencopies of the INSTRUCTIONS as given, without notations identifying the source of Committee s intent was to address the areas of FEDERAL law most frequentlycovered in jury trials in this circuit broadly speaking, employment discrimination andconstitutional torts. The Committee thought it inappropriate to venture INSTRUCTIONS onsubstantive state law, and urges the user faced with a diversity case to consult the patterninstructions of the state whose law produces the rule of decision.

8 Even in diversity cases,though, the Committee recommends use of the general and in-trial INSTRUCTIONS in Chapters1 and 2 of these pattern INSTRUCTIONS . The Committee chose not to attempt to includeinstructions for the less common FEDERAL question cases ( , FELA, intellectual property,antitrust) lest completion of the first edition be delayed. The Committee anticipatesincluding FELA INSTRUCTIONS in subsequent revisions. The INSTRUCTIONS were drafted with the expectation that certain modifications will bemade routinely. The INSTRUCTIONS use the capitalized terms Plaintiff and Defendant torefer to the parties; the Committee recommends that the parties names be substituted ineach case.

9 The same is true when other descriptive terms are used ( , Witness, Employer,Supervisor, etc.). The Committee generally has used masculine pronouns rather than theclumsier his/her, he/she, or him/her in these INSTRUCTIONS to make it easier to scan the text;the user should exercise special care to make each instruction gender-appropriate for aparticular case. Phrases and sentences that appear in brackets are alternatives or additions2to INSTRUCTIONS , to be used when relevant to the particular case on trial. The introductoryinstructions in Chapter 1 provide some definitions for terms used in the committee consisted of Chief District Judge Robert L. Miller, Jr.

10 ( Ind.)(Chair), Circuit Judge Terence T. Evans, District Judge Jeanne E. Scott ( Ill.), DistrictJudge Matthew F. Kennelly ( Ill.), District Judge Philip G. Reinhard ( Ill.), JoelBertocchi (Mayer, Brown, Rowe & Maw, Chicago), Lory Barsdate Easton (Sidley AustinBrown & Wood, Chicago), Max W. Hittle (Krieg Devault Alexander & Capehart,Indianapolis), Iain Johnston (Holland & Knight, Chicago), Dennis R. McBride ( EqualEmployment Opportunity Commission, Milwaukee), Howard A. Pollack (Godfrey & Kahn,Milwaukee), Richard H. Schnadig and Michael Cleveland (Vedder Price Kaufman &Kammholz, Chicago), Thomas Walsh (US Attorney s Office, Chicago), and Don Zoufal(City of Chicago).