What is the burden of proof for a plaintiff to prove that a police officer violated their right to search and search in search and seizure?
MultiRegion, United States of America
The following excerpt is from Williamson v. Nat'l City, Case No.: 3:18-cv-02394-WQH-JLB (S.D. Cal. 2020):
violated that right." Tarabochia v. Adkins, 766 F.3d 1115, 1125 (9th Cir. 2014). "The plaintiff bears the burden of proof that the right allegedly violated was clearly established[.]" Id. (alteration in original). "To meet this standard the very action in question need not have previously been held unlawful." Id. The question is "whether a reasonable officer would have had fair notice that [the action] was unlawful[.]" Id. (alterations in original).
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