In this case the plaintiff Austin Bennaza claims that the defendant William H. "Buddy" Smith assaulted him causing injury. The plaintiff wants payment from the defendant for this injury.

In order for the plaintiff to win on this claim, you must decide that it is more likely true than not that the following happened.

1. The plaintiff reasonably thought he was about to be touched in a harmful or disagreeable way because of something the defendant did; and

2. When the defendant acted, he either had the intent to touch the plaintiff in a harmful or disagreeable way or had the intent to make the plaintiff think he was about to be touched in that way; and

3. The plaintiff did not consent or cause the defendant reasonably to believe the plaintiff consented to the acts of the defendant and their likely consequences.

I will now explain more fully in a moment some of the terms I have just used.

If you decide it is more likely true than not true that these events happened, you must return a verdict for the plaintiff on this claim unless you decide that the law gives the defendant a defense. I will tell you about possible defenses in a moment.

In this case the plaintiff Austin Bennaza also claims that the defendant Buddy Smith committed a battery on the plaintiff, causing injury. The plaintiff wants payment from the defendant for this injury.

In order for the plaintiff to win on this claim, you must decide that it is more likely true than not that the following happened:

1. An act of the defendant resulted in a harmful or disagreeable touching of the plaintiff;

2. The defendant acted with the intent to touch the plaintiff in a harmful or disagreeable way;

3. The plaintiff did not consent or cause the defendant reasonably to believe the plaintiff consented to the acts of the defendant and their likely consequences.

If you decide it is more likely true than not true that these events happened, you have decided the defendant improperly touched the plaintiff Unless you decide it is more likely true than not true that both these happened, you must return a verdict for the defendant.

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A "touching" for purposes of these instructions is contact with any part of the plaintiff's body, contact with anything physically attached to the plaintiff's body, or contact with anything held by the plaintiff.

A "touching" is "disagreeable" if it would offend a reasonable person.

A person acts intentionally if the person desires the results of his actions or if he believes the results are substantially certain to follow from his actions. Actions may be intentional even if not malicious or the result of hostile feelings toward another person.

Defenses

Even if you decide that a battery or assault occurred according to the instructions I have just given you, the defendant Buddy Smith is not obligated to pay damages to the plaintiff if you find that the defendant Buddy Smith had a "privilege" to do what he did.

In Illinois, a police officer has a privilege to use reasonable means to make an arrest or to conduct an investigation of a possible violation of law.

The defendant Buddy Smith is not obligated to pay damages for what otherwise would be a battery or assault if you find:

First that defendant Smith's conduct was necessary to make an arrest or necessary to investigate what he reasonably believed to be a violation of law; AND

That he did not act wantonly or recklessly in using unreasonable force.

You may not find that defendant Buddy Smith acted wantonly or recklessly unless you find that he acted in an extreme manner, heedless of the consequences.

If you decide that defendant Buddy Smith is liable for assault or battery or both and that his conduct was not privileged under the instructions I have just give you, you must decide what damages should be awarded. You may award damages for any expenses and injuries incurred by plaintiff Bennaza that were caused by defendant Buddy Smith's conduct. You may not award damages for any injuries that were the result of something other than defendant Buddy Smith's conduct.

You may, however, award "nominal damages" and punitive damages for the mere commission of an assault or battery if the conduct was not privileged.