What is the burden of proving a plaintiff has a right to sue?
MultiRegion, United States of America
The following excerpt is from Davis v. Kelso, Case No.: 1:10-cv-01184-LJO-SAB (PC) (E.D. Cal. 2015):
It is the plaintiff that bears the burden of demonstrating that the right was clearly established at the time that the defendants acted. May v. Baldwin, 109 F.3d 557, 561 (9th Cir. 1997). Defendants cannot be held liable for a violation of a right that is not clearly established at the time the violation
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