When Is Law “Clearly Established?”

Harvey v. Montgomery County, 2012 U.S. Dist. LEXIS 55 (S.D. Tex. Jan. 3, 2012):

Importantly, "[w]here no controlling authority specifically prohibits a defendant's conduct, and when the federal circuit courts are split on the issue, the law cannot be said to be clearly established." Morgan v. Swanson, 659 F.3d 359, 372 (5th Cir. 2011) (citing Wilson v. Layne, 526 U.S. 603, 617-18 (1999)).

Share this article:

Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on email
Email

Recent Posts

Archives