What is the test for establishing that the state of the law is "sufficiently clear" that the conduct of a police officer is unconstitutional?
MultiRegion, United States of America
The following excerpt is from A.D. v. Cal. Highway Patro, D.C. No. 3:07-cv-05483-SI, No. 09-16460, No. 09-17635 (9th Cir. 2013):
To be clearly established, the foregoing law only must have been "sufficiently clear that a reasonable official would understand that what he [was] doing violate[d] [a constitutional] right." Hope v. Pelzer, 536 U.S. 730, 739 (2002). Reasonableness is not a demanding standard. The "state of the law" was sufficiently clear if it gave "fair warning" to an officer that his conduct was unconstitutional. Id. at 741.
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