Perez v. Oakland County

I agree with Judge Cudahy in Part II. A.1 that summary judgment should not be granted on the issue of whether Rice committed a constitutional violation. However, I do not believe that the grant of qualified immunity to Rice is justified in this case, and I therefore respectfully dissent.

We assess claims of qualified immunity according to a three-step test:1

First, we determine whether, based upon the applicable law, the facts viewed in the light most favorable to the plaintiff ] show that a constitutional violation has occurred. Second, we consider whether the violation involved a clearly…