What is the test for establishing a "right to sue" in a civil case?

MultiRegion, United States of America

The following excerpt is from Edrei v. Maguire, 892 F.3d 525 (2nd Cir. 2018):

We begin with the delicate task of defining the right at issue. In doing so, we must be mindful that, on the one hand, "[c]haracterizing the right too narrowly to the facts of the case might permit government actors to escape personal liability." Newburgh , 239 F.3d at 251. On the other hand, defining clearly established law at too high a level of generality "avoids the crucial question whether the official acted reasonably in the particular circumstances that he or she faced." Plumhoff v. Rickard , U.S. , 134 S.Ct. 2012, 2023, 188 L.Ed.2d 1056 (2014).

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