The following excerpt is from Hervey v. Estes, 65 F.3d 784 (9th Cir. 1995):
2 Hervey's citation to Morgan v. Woessner, 997 F.2d 1244 (9th Cir.1993), cert. dismissed, --- U.S. ----, 114 S.Ct. 671, 126 L.Ed.2d 640 (1994) is not helpful because that case involved a claim of qualified immunity in the context of an unconstitutional seizure of a person in an airport. Once the court determined that probable cause was objectively lacking, and that the law was clearly established, the inquiry was at an end. Id. at 1260.
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