What is the burden of proof in a civil action?
MultiRegion, United States of America
The following excerpt is from Ruggiero v. Krzeminski, 928 F.2d 558 (2nd Cir. 1991):
It is elementary that in a civil action, the plaintiff bears the burden of proof on all essential elements of a claim. To succeed on a claim asserted under 42 U.S.C. Sec. 1983, a party must prove that he or she was deprived of a right secured by the Constitution or by the laws of the United States and that the person or persons depriving the party of the right acted under color of state law. West v. Atkins, 487
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