TexasCHLforum.com

Those who want to sue the officer are also missing a very important point. He will receive qualified immunity unless there is already clear law on the point. And, by clear law, I mean that the courts have ruled on the law, its legality, and its meaning. Since we have no case law on this that I am aware of, I feel confident that the officer would receive immunity.

I happen to agree that the written law seems clear, but I can see how a judge would say that it has not been vetted by appellate courts so there is no clear law on the subject.