What is the Behrens rule in the context of qualified-immunity cases?
MultiRegion, United States of America
The following excerpt is from Sjurset v. Button, 810 F.3d 609 (9th Cir. 2015):
We have held that the Behrens rule applies in cases "where the appeal focuses on whether the defendants violated a clearly established law given the undisputed facts." Knox v. Sw. Airlines, 124 F.3d 1103, 1107 (9th Cir.1997). This is
[810 F.3d 617]
particularly important in the qualified-immunity context because "[i]mmunity ordinarily should be decided by the court long before trial." Hunter v. Bryant, 502 U.S. 224, 228, 112 S.Ct. 534, 116 L.Ed.2d 589 (1991).
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