What is the test for establishing a "right" in a civil case?
MultiRegion, United States of America
The following excerpt is from Mack v. Hirsch, No. 2:05-CV-2134-MCE-DMC-P (E.D. Cal. 2019):
When identifying the right allegedly violated, the court must define the right more narrowly than the constitutional provision guaranteeing the right, but more broadly than the factual circumstances surrounding the alleged violation. See Kelly v. Borg, 60 F.3d 664, 667 (9th Cir. 1995). For a right to be clearly established, "[t]he contours of the right must be sufficiently clear that a reasonable official would understand [that] what [the official] is doing violates the
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