What is the test for a police officer to assert qualified immunity in a civil case?

MultiRegion, United States of America

The following excerpt is from Grant v. City of Long Beach, 315 F.3d 1081 (9th Cir. 2002):

Janes, 279 F.3d at 886. When a police officer asserts qualified immunity, we must apply a two-part analysis under Saucier v. Katz, 533 U.S. 194, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001).

The first question is whether the facts, when taken in the light most favorable to Grant, show that the officers' conduct violated a constitutional right. Id. at 201. Grant's allegations that the officers arrested him without probable cause satisfy this threshold inquiry. Courts have long held that the Fourth Amendment requires probable cause before an officer may arrest an individual. See Beck v. Ohio, 379 U.S. 89, 91, 85 S.Ct. 223, 13 L.Ed.2d 142 (1964); see also Barlow, 943 F.2d at 1135.

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