When a defendant invokes qualified immunity in a civil case, what is the test for such a qualified immunity?
MultiRegion, United States of America
The following excerpt is from Malave v. Weir, 18-525 (2nd Cir. 2019):
When a defendant invokes qualified immunity, courts consider whether the plaintiff has shown "(1) that the [defendant] violated a statutory or constitutional right, and (2) that the right was 'clearly established' at the time of the challenged conduct." Wood v. Moss, 572 U.S. 744, 757 (2014) (quoting
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