What is the test for reasonableness in a civil case?

MultiRegion, United States of America

The following excerpt is from Cottrell v. Igbinosa, Case No. 1:13-cv-01530-LJO-SAB (PC) (E.D. Cal. 2017):

"For a constitutional right to be clearly established, its contours must be sufficiently clear that a reasonable officer would understand that what he is doing violates that right." Hope v. Pelzer, 536 U.S. 730, 739 (2002). While the reasonableness inquiry may not be undertaken as a broad, general proposition, neither is official action entitled to protection "unless the very action in question has previously been held unlawful." Hope, 536 U. S. at 739. "Specificity only requires that the unlawfulness be apparent under preexisting law," Clement v. Gomez, 298 F.3d 898, 906 (9th Cir. 2002) (citation omitted), and prison personnel "can still be on notice that their conduct violates established law even in novel factual circumstances[,]" Hope, 536 U.S. at 741.

Other Questions


Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
How has the pleading standard been interpreted in civil civil cases in the context of civil civil litigation? (MultiRegion, United States of America)
Can a police officer defend a civil rights action against a defendant in a civil civil rights case under discovery? (MultiRegion, United States of America)
Does a court have to reasonably determine that a defendant has not satisfied a reasonable standard of conduct in a civil case? (MultiRegion, United States of America)
What is the test for whether a plaintiff in a civil case in the US Supreme Court has been found to be a defendant in a federal civil case? (MultiRegion, United States of America)
What is the test for a claim under section 2255(a) of the Civil Code of Civil Procedure to be successful in a civil case? (MultiRegion, United States of America)
Is a plea of guilty in a civil case against a defendant who is also a defendant in the same civil case? (MultiRegion, United States of America)
What is the defense of a plaintiff in a civil case arising under Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What is the current state of the law on qualified immunity from civil damages for civil damages in a civil case brought by a former state department employee who was ordered to stop doing her job by mistake? (MultiRegion, United States of America)
What is the test for a plaintiff in a civil case seeking to enforce a civil rights defense in the context of civil rights violations? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.