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Second Circuit Discusses Establishment of Law for Qualified Immunity Purposes
The Second Circuit continues the dance of recalcitrance begun in Horne v.
Coughlin with the Supreme Court's repeated admonitions that in qualified
immunity analysis, first courts determine if there was a legal violation,
and second they decide if the right was clearly established. The court
acknowledges that Saucier v. Katz ...
Coughlin with the Supreme Court's repeated admonitions that in qualified
immunity analysis, first courts determine if there was a legal violation,
and second they decide if the right was clearly established. The court
acknowledges that Saucier v. Katz ...
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