What is the test for determining whether a police officer's mistake of law constitutes a constitutional violation?
MultiRegion, United States of America
The following excerpt is from Malott v. Placer Cnty., No. 2:14-CV-1040 KJM EFB (E.D. Cal. 2016):
6. "While the constitutional violation prong concerns the reasonableness of the officer's mistake of fact, the clearly established prong concerns the reasonableness of the officer's mistake of law" Torres v. City of Madera, 648 F.3d 1119, 1127 (9th Cir. 2011) (italics in original).
7. Monell v. Dep't of Soc. Servs., 436 U.S. 658, 690 (1978).
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