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Second Circuit Discusses Qualified Immunity Analysis

At 66: "... [T]he initial question in the qualified-immunity inquiry should be whether the complaint sufficiently alleges the violation of a federal right . ..." The court does not mention the decision in Horne v. Coughlin, 178 F.3d 603 (2d Cir. 1999), which asserts that sometimes the court should first determine whether the law was clearly established and only then determine whether the alleged conduct violates it.

The court asserts the catalyst doctrine in dicta without mentioning that there is some question as to its continuing viability. See: X-Men Security, Inc. v. Pataki, 196 F.3d 56 (2d Cir. 1999).

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Related legal case

X-Men Security, Inc. v. Pataki