Does the test by statute apply to qualified immunity?

MultiRegion, United States of America

The following excerpt is from Liberian Cmty. Ass'n of Conn. v. Lamont, 970 F.3d 174 (2nd Cir. 2020):

Connecticut and other states have seen fit to adopt this test by statute is not relevant to our qualified immunity analysis. "[W]e have repeatedly held[ ] that a state statute does not serve as clearly established law for purposes of qualified immunity." Tooly v. Schwaller , 919 F.3d 165, 172 (2d Cir. 2019). Put another way, assuming arguendo that Appellees actions violated Connecticut law, "the court must [still] determine whether the conduct that violated the state statute also violates clearly established federal law, and this is a distinct and separate inquiry." Id. at 173.

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