A 9.3 Section 1983 Claim Against Defendant in Individual Capacity-Elements and Burden of Proof is a legal claim that is brought to court under the civil rights law, 42 U.S.C. Section 1983, against an individual for violating the plaintiff's constitutional or statutory rights. The plaintiff must prove four elements in order to prevail: (1) that the defendant was acting under color of state law; (2) that the defendant deprived the plaintiff of a right secured by the Constitution or laws of the United States; (3) that the defendant's conduct caused the deprivation; and (4) that the deprivation was the result of intentional or reckless conduct. The burden of proof is on the plaintiff to prove the four elements of the claim. The plaintiff must provide evidence that the defendant was acting under color of state law, that the defendant deprived the plaintiff of a right protected by the Constitution or laws of the United States, that the defendant's conduct caused the deprivation, and that the deprivation was intentional or reckless. If the plaintiff is able to prove all four elements, then the defendant can be held liable for damages. There are two types of 9.3 Section 1983 Claims Against Defendant in Individual Capacity-Elements and Burden of Proof: (1) a claim for violation of a constitutional right and (2) a claim for violation of a statutory right. A claim for violation of a constitutional right requires the plaintiff to prove that the defendant's conduct violated a right protected by the United States Constitution, while a claim for violation of a statutory right requires the plaintiff to prove that the defendant's conduct violated a law passed by Congress.