When determining whether a right was clearly violated, can a court define it more narrowly than the constitutional provision guaranteeing the right?
MultiRegion, United States of America
The following excerpt is from McMurray v. Cnty. of Sacramento, No. CIV S-09-2245 GEB EFB PS (E.D. Cal. 2011):
When identifying the right that was allegedly violated, a court must define the right more narrowly than the constitutional provision guaranteeing the right, but more broadly than all of the factual circumstances surrounding the alleged violation. See Watkins v. City of Oakland, Cal., 145 F.3d 1087, 1092-93 (9th Cir. 1998). When determining whether the right was clearly
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