M Civ JI 116.20 False Arrest - Burden of Proof

Plaintiff has the burden of proving:

(a) that [ he / she ] was arrested by defendant

(b) that [ he / she ] was aware of the arrest and it was against [ his / her ] will

(c) that defendant intended to arrest the plaintiff

(d) that such arrest was unlawful

Your verdict will be for plaintiff if the plaintiff has proved all of those elements (and the defendant has failed to prove the defense of [ describe defense ]). Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.

History

M Civ JI 116.20 was added September 1982. Amended January 2020.