What is the test for qualified immunity in civil litigation?

MultiRegion, United States of America

The following excerpt is from Devereaux v. Perez, 218 F.3d 1045 (9th Cir. 1999):

"The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. This is not to say that an official action is protected by qualified immunity unless the very action in question has previously been held unlawful, but it is to say that in the light of pre-existing law the unlawfulness must be apparent."

Page 1053

Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 3039, 97 L.Ed.2d 523 (1987).

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