What is the test for qualified immunity for a police officer who pointed a gun at a suspect during an investigation?

MultiRegion, United States of America

The following excerpt is from Robinson v. Solano County, 278 F.3d 1007 (9th Cir. 2002):

We conclude in this case that the plaintiff has alleged a violation of the Fourth Amendment, but that in light of Fuller v. Vines, 36 F.3d 65 (9th Cir.1994), the law in this circuit was unclear concerning when an officer may reasonably point a gun at a suspect during an investigation. There were also conflicting decisions in other circuits at the time of the challenged conduct. The officers are therefore entitled to qualified immunity. Because the officers' immunity under state law is narrower, we reverse and remand the state law claims against the individual officers.

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