What is the burden of proof for a plaintiff who alleges misconduct by a police officer?

10 The questions are ones of law, although the latter one may require factual determinations as well. (Romero v. Kitsap County (9th Cir.1991) 931 F.2d 624, 627.) "The plaintiff bears the burden of proof that the right allegedly violated was clearly established at the time of the alleged misconduct. [Citation.] If plaintiff carries this burden, then the officers must prove that their conduct was reasonable even though it might have violated constitutional standards. [Citation.]" (Ibid.)