Would a prison officer understand that what he is doing violates his human rights?

MultiRegion, United States of America

The following excerpt is from Buckley v. Scribner, CASE No. 1:04-cv-05622-LJO-MJS (E.D. Cal. 2013):

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), 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


Is there any case law in which a prison officer has been found to have violated a prisoner's right to due process? (MultiRegion, United States of America)
Can a prison official be liable under federal law for failing to intervene when a fellow officer is violating a prisoner's constitutional rights? (MultiRegion, United States of America)
Can a plaintiff bring a motion alleging that a prison officer violated his First Amendment right to speak out against the officer? (MultiRegion, United States of America)
What is the test for a prisoner to successfully plead not guilty to a civil rights complaint brought by a prison officer who is also a defendant in the civil rights case of Rhodes v Rhodes? (MultiRegion, United States of America)
What is the test for violating the Eighth Amendment in the context of human rights violations? (MultiRegion, United States of America)
What is the current state of the law on human rights violations in prison? (MultiRegion, United States of America)
Is there a private right of action against police officers who, under color of state law, violate federal constitutional or statutory rights? (MultiRegion, United States of America)
What is the impact of a government report on human rights in the context of human rights legislation? (MultiRegion, United States of America)
Is denial or delay of medical care for a prisoner's serious medical needs constitute a violation of the prisoner's Eighth Amendment rights? (MultiRegion, United States of America)
What is the test for applying the Convention on Human Rights in the context of human rights issues? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.