What is the test for a jury to determine whether a plaintiff has qualified immunity from prosecution under the doctrine of qualified immunity?

MultiRegion, United States of America

The following excerpt is from Fitzgerald v. El Dorado Cnty., No. 2:12-cv-02932-MCE-KJN (E.D. Cal. 2015):

"[A] district court should decide the issue of qualified immunity as a matter of law when 'the material, historical facts are not in dispute, and the only disputes involve what inferences properly may be drawn from those historical facts.'" Conner v. Heiman, 672 F.3d 1126, 1131 (9th Cir. 2012) (internal citations and quotations omitted). "Only where 'historical facts material to the qualified immunity determination are in dispute' should the district court submit the issue to a jury." Id. (internal citations and quotations omitted). When analyzing a claim of qualified immunity, the court must view the facts in the light most favorable to the plaintiff. Friedman v. Boucher, 580 F.3d 847, 852 (9th Cir. 2009).

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