Is a state officer entitled to qualified immunity where they have violated a clearly established constitutional right?
MultiRegion, United States of America
The following excerpt is from Harrison v. Moore, Case No. 1:08-cv-1065-AWI-MJS (PC) (E.D. Cal. 2015):
"A state officer is not protected by qualified immunity where he or she has violated a clearly established constitutional right." Phillips v. Hust , 588 F.3d 652, 657 (9th Cir. 2009). "The relevant, dispositive inquiry in determining whether a right is clearly
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established is whether it would be clear to a reasonable officer that his conduct was not unlawful in the situation he confronted." Saucier v. Katz, 533 U.S. 194, 202 (2001).
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