How have the courts interpreted "clearly established" legislation in the context of human rights cases?
MultiRegion, United States of America
The following excerpt is from Hydrick v. Hunter, 449 F.3d 978 (9th Cir. 2006):
Jones v. Blanas, 393 F.3d 918, 933 (9th Cir.2004). Thus, there are two bodies of law from which we might draw "clearly established" law for qualified immunity purposes: first, where the SVPs claim a violation of a right that is clearly established even in the prison context, and second, where the SVPs claim a violation of a right that is clearly established for all civilly detained persons.
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