Can a reasonable officer reasonably believe that his conduct was lawful?

MultiRegion, United States of America

The following excerpt is from Duncan v. City of San Diego, 401 F.Supp.3d 1016 (S.D. Cal. 2019):

Whether a reasonable officer could have believed that his conduct was lawful is a determination of law that can be decided on summary judgment only if the material facts are undisputed. LaLonde v. Cty. of Riverside , 204 F.3d 947, 953 (9th Cir. 2000). "However, a trial court should not grant summary judgment where there is a genuine dispute as to the facts and circumstances within an officer's knowledge or what the officer and claimant did or failed to do. " Id. (quoting Act Up!/Portland v. Bagley , 988 F.2d 868, 873 (9th Cir. 1993) ).

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