Does the doctrine of qualified immunity apply if reasonable officers would have known they were violating clearly established Constitutional rights?

MultiRegion, United States of America

The following excerpt is from Mulgannon v. Weller, 61 F.3d 911 (9th Cir. 1994):

The doctrine of qualified immunity does not apply if reasonable officers would have known they were violating clearly established Constitutional rights. See White v. Pierce County, 797 F.2d 812, 815 (9th Cir.1986). In the present case, facts necessary to decide the issue of qualified immunity are in dispute. Summary judgment is therefore appropriate only if the officers are entitled to judgment on the basis of the facts most favorable to [the appellant]. That is not the case here. [The appellant's] version of the facts suggest that no reasonable officer could have believed there was probable cause to arrest or that the amount of force used against [the appellant] was justified. Summary judgment was therefore inappropriate.

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