Clearly established means that the state courts have more “leeway” as to what is an
Clearly established means that, at the time of the [official’s] conduct, the law was ‘“sufficiently clear” that every “reasonable official would understand that what he is doing”’ is unlawful.” Id. (quoting Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011)). Thus, “[i]t is not enough that the rule is suggested by then-existing precedent.” Id. Instead, “[t]he precedent must be clear enough that every reasonable official would interpret it to establish the particular rule the plaintiff seeks to apply.” Id. “In other
Clearly established means that, at the time of the officer’s or official’s conduct, the law was “‘sufficiently clear’ that every ‘reasonable official would understand that what he is doing’” is unlawful. See Ashcroft v. al- Kidd, 563 U.S. at 741 (quoting Anderson v. Creighton, 483 U.S. 635, 640 (1987)).
Examples of Clearly established in a sentence
Clearly established performance levels (correlated to the Evaluation of Student Progress) for competencies, tasks, assigned projects, and/or activities.
Clearly established rules must be taught to students, reinforced frequently, and enforced consistently by all administration, faculty, and staff.
Clearly established federal law is found in holdings, not dicta, of the Supreme Court at the time of the state court decision.
Clearly established performance levels (standards of proficiency or passing scores) for competencies, tasks, assigned projects, and/or units of study;e.
Clearly established command relationships are crucial for ensuring timely and effective employment of cyberspace capabilities.
More Definitions of Clearly established
Clearly established the court found, means whether it would be clear to a reasonable officer that his conduct is unlawful under the circumstances. The plaintiff bears the burden of establishing that a right is clearly established. Here, Doe failed to identify any factually similar case that would have provided a reasonable officer with notice that he had a constitutional duty to protect her in the situation Officer Del Boccio encountered upon arrival. Id.
Clearly established means contours of right sufficiently clear in light of preexisting law). In
Clearly established means that existing precedent “placed the statutory or constitutional question beyond debate” at the time of the alleged violation. Id. Plaintiff must show that “every reasonable official would understand” that his actions violated a given right. Id. Crucially, a plaintiff cannot succeed by identifying clearly established law “at a high level of generality” not “particularized” to the facts of his case. White v. Pauly, 137 S. Ct. 548, 552 (2017). Particularity becomes even more significant in the Fourth Amendment context, where the Supreme Court has recognized that officers often struggle “to determine how the relevant legal doctrine” applies to “the factual situation” they confront. Mullenix v. Luna, 136 S. Ct. 305, 308 (2015) (internal quotation marks omitted).
Clearly established means that ‘it would be clear to a reasonable [prison official] that his
Clearly established means the “existing precedent must have placed the statutory or constitutional question beyond debate.” Ashcroft v. al-Kidd, 131 S.Ct. 2074, 2083, 179 L.Ed.2d
Clearly established means that “it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” Id. at 202. “The linchpin of qualified immunity is the reasonableness of the official’s conduct.” Rosenbaum v. Washoe County, 663 F.3d 1071, 1075 (9th Cir. 2011) (citing Anderson v. Creighton, 483 U.S. 635, 638-39 (1987)).
Clearly established means that, at the time of the officer’s con- duct, the law was sufficiently clear that every reasonable official would understand that what he is doing is unlawful. The Supreme Court has held that ‘where the officer has prob- able cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to oth- ers, it is not constitutionally unrea-