The following excerpt is from Merriman v. Ponder, No. 2:19-cv-1446 WBS CKD P (E.D. Cal. 2021):
Fitzgerald, 457 U.S. 800, 818 (1982)). In analyzing a qualified immunity defense, the court must consider the following: (1) whether the alleged facts, taken in the light most favorable to the plaintiff, demonstrate that defendant's conduct violated a statutory or constitutional right; and (2) whether the right at issue was clearly established at the time of the incident. Saucier v. Katz, 533 U.S. 194, 201 (2001).
III. Defendants' Arguments and Analysis
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