The last Section 1983 Litigation column (Dec. 10, 2012) discussed recent federal court decisions concerning jury instructions in §1983 actions against law enforcement officers. The instructional issues related to the burden of proof in warrantless search cases; deadly force claims; and nominal damages in excessive force cases. This column continues the discussion of recent §1983 jury instruction decisions. The specific issues concern (1) the distinction between the liability and damages phases; (2) prisoner medical treatment claims; (3) district court use of model circuit court instructions; and (4) municipal liability.
Liability and Damages Phases
Federal district courts in §1983 actions commonly determine liability and damages in separate phases.1 When liability and damages are determined separately, the jury instructions must ensure that liability principles not be included in the damages instructions. Conversely, damages principles should not be part of the liability instructions.
