How does a law enforcement officer raise qualified immunity in a civil rights action?
MultiRegion, United States of America
The following excerpt is from Kenny v. Foster, 87 F.3d 1320 (9th Cir. 1996):
Law enforcement officers who raise a defense of qualified immunity in a civil rights action should prevail if, at the time of the challenged action, the right asserted by the plaintiff was not "clearly established" or an officer could have reasonably believed that his conduct was lawful. Romero v. Kitsap County, 931 F.2d 624, 627 (9th Cir.1991). The plaintiff bears the burden of showing that the right in question was clearly established. Id.
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