What is the test for a jury to determine whether a defendant is entitled to qualified immunity from prosecution?
MultiRegion, United States of America
The following excerpt is from Meyer v. Fidelity Sav., 944 F.2d 562 (9th Cir. 1991):
21 Arguably, the district court's decision to submit the question of qualified immunity to the jury means that it "necessarily found that the legal rules were clearly established in this area." Brady v. Gebbie, 859 F.2d 1543, 1556 (9th Cir.1988), cert. denied, 489 U.S. 1100, 109 S.Ct. 1577, 103 L.Ed.2d 943 (1989). The court's conviction is not the issue, however; rather, it is the propriety of its explanation of the law to the jurors.
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