What is the current state of the law on "obvious cases" where a police officer has been found guilty of gross misconduct in a motor vehicle accident?

MultiRegion, United States of America

The following excerpt is from Fitzgerald v. Pollard, 20cv848 JM(NLS) (S.D. Cal. 2021):

Notwithstanding these guidelines, there can be the rare obvious case,' where the unlawfulness of the officer's conduct is sufficiently clear even though existing precedent does not address similar circumstances. Wesby, 138 S.Ct. at 590. Thus, [w]hen a violation is obvious enough to override the necessity of a specific factual analogue, ... it is almost always wrong for an officer in those circumstances to act as he did. Sharp v. Cnty. of Orange, 871 F.3d 901, 912 (9th Cir. 2017).

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