9.3 Section 1983 Claim Against Defendant in Individual Capacity  —Elements and Burden of Proof In order to prevail on [his] [her] § 1983 claim against the defendant [name of individual defendant], the plaintiff must prove each of the following elements by a preponderance of the evidence: the defendant acted under color of state law; and the … Continue reading 9.3 Section 1983 Claim Against Defendant in Individual Capacity —Elements and Burden of Proof