The following excerpt is from Taravella v. Town Of Wolcott, 599 F.3d 129 (2nd Cir. 2010):
Saucier thus frames the issue as a twostep analysis. Though the sequential aspect of this two-step analysis has now been made permissive, such that courts may consider step two before step one, see Pearson v. Callahan, U.S. , 129 S.Ct. 808, 818, 172 L.Ed.2d 565 (2009), nothing in Pearson has altered the sub stance of the two basic analytical elements. The two questions remain (1) whether the plaintiff has shown a constitutional violation and (2) whether the right allegedly violated was clearly established.
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