What is the test for establishing a "clearly established" right to sue for damages in a civil case?
MultiRegion, United States of America
The following excerpt is from Bloom v. City of Scottsdale, 977 F.2d 587 (9th Cir. 1992):
To determine whether the law was "clearly established", the court "review[s] all available decisional law including decisions of state courts, other circuits, and district courts to determine whether the right was clearly established." Vaughan v. Ricketts, 859 F.2d 736, 739 (9th Cir.1988), cert. denied, 490 U.S. 1012 (1989) (citations omitted).
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