By what level of proof must the plaintiff demonstrate that the law enforcement officer committed the tort in a "willful or malicious fashion?"

Question

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In civil cases, including those involving allegations of torts committed by law enforcement officers in a "willful or malicious fashion," the standard of proof is typically "by a preponderance of the evidence." This means that the plaintiff must show that it is more likely than not that the tort occurred as alleged.

By What Level of Proof Must the Plaintiff Demonstrate That