Labels:book | reckoner | sky OCR: have known that he was violating the rights. It would be incongruous place the burden on the defendant since the defendant generally denies that right was violated + would be inconsistent with American iurisprudence allow plaintiff t file suit alleging violation of rights, but not require plaintiff tc show what rights Placing the burden on plaintiff to show clearly established law is substantially different than placing the burden uadn plaintiff to establish the prima facie case under 1983 Whether the question viewed as plaintiff's duty tc establish the first element of the prima facie case (deprivation constitut tional right} plaintiff's duty counter affirmative defense (depri plain- vation of a clearly established constitutional right}. tiff must present legal basis for his claim. That t ...
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