- Beyond defying common sense in this instance, the “clearly established” standard sets up a Catch-22: If you’re the first to sue to establish something is a rights violation, it isn’t “clearly established” yet. So you incur huge costs & stress suing, but a win only helps the NEXT victim.
- 11th Cir., 2-1, holds that it was not clearly established that it would violate a person's right to bodily integrity for sheriff's deputy to drive drunk at night without lights, hit the person's car, and then flee leaving person to die. QI for deputy. media.ca11.uscourts.gov/opinions/pub...
