Is qualified immunity more favorable to the officers than the one for probable cause?
MultiRegion, United States of America
The following excerpt is from Ackerson v. City of White Plains, Docket No. 11-4649-cv (2nd Cir. 2012):
respect, the qualified immunity test "is more favorable to the officers than the one for probable cause." Id. The test is not toothless, however: "If officers of reasonable competence would have to agree that the information possessed by the officer at the time of arrest did not add up to probable cause, the fact that it came close does not immunize the officer." Jenkins v. City of New York, 478 F.3d 76, 87 (2d Cir. 2007).
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