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Ninth Circuit December 2019 revisions to its Model Civil Jury Instructions

The most recent changes to the Ninth Circuit Model Civil Instructions are dated December 2019, but I think the posting is more recent than that. Here are the changes:

  • There are two new instructions: 1.22 (Self-Represented Party), and 3.9 (Post-Discharge Instruction).
  • The paragraph in the Introductory Comment to Chapter 9 (CIVIL RIGHTS ACTIONS—42 U.S.C. § 1983) that begins "The Ninth Circuit applies a five factor test to determine whether a government entity is a state agency for Eleventh Amendment purposes" has been rewritten with new case authority.
  • The Comment to Instruction 9.2 (CAUSATION) adds a brief note about Nicholson v. City of Los Angeles, 935 F.3d 685 (9th Cir. 2019) to the end of the "General Principles" section.
  • The last sentence of Instruction 9.11 (PARTICULAR RIGHTS—FIRST AMENDMENT—"CITIZEN" PLAINTIFF) now reads "A substantial or motivating factor is a significant factor., though not necessarily the only factor." This was apparently occasioned by Capp v. City of San Diego, 940 F.3d 1046 (9th Cir. 2019).
  • The Comment to Instruction 9.23 (PARTICULAR RIGHTS—FOURTH AMENDMENT—UNREASONABLE SEIZURE OF PERSON—PROBABLE CAUSE ARREST) has a short quotation from Nicholson.
  • The Comment to Instruction 9.34 (QUALIFIED IMMUNITY) rewords the standard for when a right is clearly established, citing Nicholson. Also, the paragraph that begins with "The Supreme Court has provided little guidance" now ends "stealing seized property would be improper was morally wrong, they did not have clear notice that it violated the Fourth Amendment."
  • The Comment to Instruction 18.3 (SECURITIES—MISREPRESENTATIONS OR OMISSIONS—MATERIALITY) now cites SEC v. Hui Feng, 935 F.3d 721, 736 (9th Cir. 2019).

A redline/strikeout document showing the changes is posted here.

(02/07/20) (permalink)

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