What is the test for a police officer to be found to be in breach of an unconstitutional ordinance?
MultiRegion, United States of America
The following excerpt is from Cuviello v. City of S.F., 940 F.Supp.2d 1071 (E.D. Cal. 2013):
of an unconstitutional ordinance where it is patently violative of fundamental constitutional principles or where the officer unlawfully enforces an ordinance in a particularly egregious manner, or in a manner which a reasonable officer would recognize exceeds the bounds of the ordinance, ... even if there is no clear case law declaring the ordinance or the officer's particular conduct unconstitutional. Grossman v. City of Portland, 33 F.3d 1200, 120910 (9th Cir.1994).
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