The following excerpt is from Roe ex rel. Callahan v. GUSTINE UNIFIED SCHOOL, 678 F. Supp.2d 1008 (E.D. Cal. 2009):
In analyzing a claim of qualified immunity, there are two inquiries: "First, we inquire whether, taken in the light most favorable to the party asserting the injury, that party has established a violation of a federal right. Assuming this threshold inquiry is satisfied, we consider whether the School Officials' conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known." Preschooler II v. Clark County Bd. of Trs., 479 F.3d 1175, 1179-80 (9th Cir.2007) (internal quotations and citations omitted). While this sequence is "often appropriate, it should no longer be regarded as mandatory." Pearson v. Callahan, ___ U.S. ___, 129 S.Ct. 808, 818, 172 L.Ed.2d 565 (2009).
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