Does plaintiff have the burden of proving that defendants had an Invidiously discriminating animus?
MultiRegion, United States of America
The following excerpt is from Herrmann v. Moore, 576 F.2d 453 (2nd Cir. 1978):
However, no matter to which state court proceedings the complaint refers, plaintiff in the case of a 42 U.S.C. 1985(2) claim, as in the case of a 1985(3) claim, bears the burden of proving that defendants had a "class-based" or other "invidiously discriminating animus." Hahn v. Sargent, 523 F.2d 461, 469 (1st Cir. 1975). As we have already observed, there is no evidence that defendants were motivated by the requisite animus.
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