A 9.5 Section 1983 claim against local governing body defendants based on an unlawful official policy, practice, or custom is a legal claim brought under the civil rights law found in 42 U.S.C. § 1983. This claim is brought against local government entities and/or their employees if a plaintiff can show that the defendants violated the plaintiff's civil rights as a result of an official policy, practice, or custom. The elements of this claim are: (1) the defendant(s) acted under color of law; (2) the defendant(s) deprived the plaintiff of a right secured by the Constitution or federal law; and (3) the defendant's action was the proximate cause of the plaintiff's injury. The burden of proof for this claim is on the plaintiff to establish each element by a preponderance of the evidence. Different types of 9.5 Section 1983 claims include, but are not limited to, claims based on excessive force, false arrest, malicious prosecution, and failure to intervene.
9.5 Section 1983 Claim Against Local Governing Body Defendants Based on Unlawful Official Policy, Practice, or Custom-Elements and Burden of Proof
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