Are defendants entitled to qualified immunity for failing to provide fair notice of Section 240.30(1) of the Civil Code of Civil Procedure?
MultiRegion, United States of America
The following excerpt is from Vives v. City of New York, 393 F.3d 129 (2nd Cir. 2004):
I agree with the majority's conclusion that the defendants did not have fair notice of 240.30(1)'s unconstitutionality, and thus are entitled to qualified immunity. Police officers clearly should not be subjected to liability for failing to substitute their own legal judgment for that of state trial and appellate courts. See Pierson v. Ray, 386 U.S. 547, 555, 557, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967).
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