Some sets of model instructions state explicitly that the jury must give deference to prison concerning the appropriateness of force in a given situation. 5th officials’ judgments See Circuit (Civil) Instruction 10.5; 9th Circuit (Civil) Instruction Instruction 166.23; 11.9; O’Malley Schwartz & Pratt Instruction 11.01.2. However, in 50 F.3d 1226 (3d Cir. Douglas v. Owens, 1995), the district court gave an instruction that omitted any explicit mention of deference, see at 1232 n.13 (quoting instruction), and the Court of Appeals held the instruction proper id. “was and adequate under the facts of this because the district reference to . . . case” court’s “force applied in a good faith effort to maintain or restore indicated to the jury that the discipline” defendants should not necessarily be held liable merely because they used force that later “is determined to have been at 1233. id. unnecessary,”
Some sets of model instructions state explicitly that the jury must give deference to prison officials’ judgments concerning the appropriateness of force in a given situation. See 5th Circuit (Civil) Instruction 10.5; 9th Circuit (Civil) Instruction 11.9; O’Malley Instruction 166.23; Schwartz & Pratt Instruction 11.01.2. However, in Douglas v. Owens, 50 F.3d 1226 (3d Cir. 1995), the district court gave an instruction that omitted any explicit mention of deference, see id. at 1232 n.13 (quoting instruction), and the Court of Appeals held the instruction “was proper and adequate under the facts of this case” because the district court’s reference to “force . . . applied in a good faith effort to maintain or restore discipline” indicated to the jury that the defendants should not necessarily be held liable merely because they used force that “is later determined to have been unnecessary,” id. at 1233.
4_Chap_4_2014_spring.docx