The following excerpt is from Torres v. Cnty. of Madera, CASE NO. 1:10-cv-00670 LJO SKO (E.D. Cal. 2011):
3. The third question is often subsumed by the second question, and most courts have collapsed the two questions into one inquiry. CarePartners LLC v. Lashway, 545 F.3d at 867, 876 n.6 (9th Cir. 2008). Nevertheless, because the three-part test aids the analysis of this case, the court approaches the issue of qualified immunity under this framework.
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