The following excerpt is from Berg v. Kelly, 897 F.3d 99 (2nd Cir. 2018):
We have applied an objective analytical framework when assessing qualified immunity based on special need. See Moore v. Vega , 371 F.3d 110, 116 (2d Cir. 2004) (stating that where qualified immunity is based on claimed special need to search parolees residence, the issue "is whether, in light of clearly established law and the information they possessed, the defendants could have reasonably believed their search of plaintiffs home to be lawful"). So here, we ask whether, under well-established law at the time, and based on these facts, an officer could reasonably have believed that the actions taken to detain the OWS protesters were lawful in light of the special need to protect the President. Saucier , 533 U.S. at 202, 121 S.Ct. 2151. We answer that inquiry in the affirmative.
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