Perry v. Durborow

MORITZ, Circuit Judge.

Defendant Terry Durborow appeals the district court's order denying his motion for summary judgment on the basis of qualified immunity in this 42 U.S.C. § 1983 action. On appeal, Durborow doesn't challenge the district court's conclusion that he committed a constitutional violation. Instead, he argues only that-even assuming he violated the Constitution-the district court erred in finding that the contours of the constitutional right at issue were clearly established. We agree. Accordingly, we reverse the district court's order and remand with directions to enter summary…