What is the test for qualified immunity for an official who allegedly violated a plaintiff's right to sue?
MultiRegion, United States of America
The following excerpt is from Kruse v. State of Hawai', 68 F.3d 331 (9th Cir. 1995):
While the right the official is alleged to have violated must have been "clearly established" in a "particularized" sense, "this is not to say that an official action is protected by qualified immunity unless the very action in question has previously been held unlawful ... but it is to say that in light of the pre-existing law the unlawfulness must be apparent." Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 3039, 97 L.Ed.2d 523 (1987).
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