CACI No. VF-3002. Public Entity Liability - Failure to Train (42 U.S.C. § 1983)
Judicial Council of California Civil Jury Instructions (2023 edition)
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VF-3002.Public Entity Liability - Failure to Train (42 U.S.C. § 1983)
We answer the questions submitted to us as follows:
1. Was [name of local governmental entity]’s training program
inadequate to train its [officers/employees] to properly handle
usual and recurring situations?
1. Yes No
1. If your answer to question 1 is yes, then answer question 2. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
2. Did [name of local governmental entity] know[, or should it have
been obvious to it,] that the inadequate training program was
likely to result in a deprivation of the right [specify right
violated]?
2. Yes No
2. If your answer to question 2 is yes, then answer question 3. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
3. Did [name of offıcer or employee] violate [name of plaintiff]’s right
[specify right]?
3. Yes No
3. If your answer to question 3 is yes, then answer question 4. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
4. Was the failure to provide adequate training the cause of the
deprivation of [name of plaintiff]’s right [specify right]?
4. Yes No
4. If your answer to question 4 is yes, then answer question 5. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
5. What are [name of plaintiff]’s damages?
[a. Past economic loss
[lost earnings $ ]
[lost profits $ ]
[medical expenses $ ]
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[other past economic loss $ ]
[a. Total Past Economic Damages: $ ]
[b. Future economic loss
[lost earnings $ ]
[lost profits $ ]
[medical expenses $ ]
[other future economic loss $ ]
[b. Total Future Economic Damages: $ ]
[c. Past noneconomic loss, including [physical
pain/mental suffering:] $ ]
[d. Future noneconomic loss, including [physical
pain/mental suffering:] $ ]
[d. TOTAL $
Signed: Presiding Juror
Dated:
After [this verdict form has/all verdict forms have] been signed, notify
the [clerk/bailiff/court attendant] that you are ready to present your
verdict in the courtroom.
New September 2003; Revised April 2007, December 2010, June 2011, December
2011; Renumbered from CACI No. VF-3006 December 2012; Revised December
2016
Directions for Use
This verdict form is based on CACI No. 3003, Local Government Liability - Failure
to Train - Essential Factual Elements. It should be given with CACI No. VF-3000,
Violation of Federal Civil Rights - In General, to impose liability on the
governmental entity for the acts of its officer or employee.
The special verdict forms in this section are intended only as models. They may
need to be modified depending on the facts of the case.
If specificity is not required, users do not have to itemize all the damages listed in
question 5 and do not have to categorize “economic” and “noneconomic” damages,
especially if it is not a Proposition 51 case. The breakdown of damages is optional
depending on the circumstances.
If there are multiple causes of action, users may wish to combine the individual
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359
forms into one form. If different damages are recoverable on different causes of
action, replace the damages tables in all of the verdict forms with CACI No. VF-
3920, Damages on Multiple Legal Theories.
If the jury is being given the discretion under Civil Code section 3288 to award
prejudgment interest (see Bullis v. Security Pac. Nat’l Bank (1978) 21 Cal.3d 801,
814 [148 Cal.Rptr. 22, 582 P.2d 109]), give CACI No. 3935, Prejudgment Interest.
This verdict form may need to be augmented for the jury to make any factual
findings that are required in order to calculate the amount of prejudgment interest.
VF-3003-VF-3009. Reserved for Future Use
VF-3002 CIVIL RIGHTS
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© Judicial Council of California.
