Is Bergna entitled to qualified immunity in a civil case where he is accused of violating Finkelstein's First Amendment right to speak publicly?
MultiRegion, United States of America
The following excerpt is from Finkelstein v. Bergna, 924 F.2d 1449 (9th Cir. 1991):
Bergna is not entitled to qualified immunity if the "contours" of Finkelstein's first amendment right are "sufficiently clear that a reasonable official would understand that what he is doing violates that right." Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 3039, 97 L.Ed.2d 523 (1987). "[I]n the light of pre-existing law the unlawfulness must be apparent." Id.
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