Act Up! Portland v. Bagley

In Act Up!/ Portland v. Bagley (9th Cir. 1993) 988 F.2d 868, the Court explained the relevant inquiry into whether a police officer is entitled to qualified immunity is a question of law for the court to determine. ( Id. at p. 871.) The Ninth Circuit explained "the threshold determination of whether the law governing the conduct at issue is clearly established is a question of law for the court." ( Id. at p. 873.) Moreover, when there are no disputed facts, "the determination of whether the facts alleged could support a reasonable belief in the existence of probable cause . . . is also a question of law to be determined by the court." (Ibid.)