Page:Mike Stanton v. Drendolyn Sims.pdf/3

Rh pursuit of Patrick did not justify his warrantless entry, given that Patrick was suspected of only a misdemeanor. Id., at 963–964. The court accordingly held that Stanton was not entitled to qualified immunity. Id., at 964–965. We address only the latter holding here, and now reverse.

"The doctrine of qualified immunity protects government officials 'from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'" Pearson v. Callahan, 555 U. S. 223, 231 (2009) (quoting Harlow v. Fitzgerald, 457 U. S. 800, 818 (1982)). "Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments," and "protects 'all but the plainly incompetent or those who knowingly violate the law.'" Ashcroft v. al-Kidd, 563 U. S. ___, ___ (2011) (slip op., at 12) (quoting Malley v. Briggs, 475 U. S. 335, 341 (1986)). "We do not require a case directly on point" before concluding that the law is clearly established, "but existing precedent must have placed the statutory or constitutional question beyond debate." al-Kidd, 563 U. S., at ___ (slip op., at 9).

There is no suggestion in this case that Officer Stanton knowingly violated the Constitution; the question is whether, in light of precedent existing at the time, he was "plainly incompetent" in entering Sims' yard to pursue the fleeing Patrick. Id., at ___ (slip op., at 12). The Ninth Circuit concluded that he was. It did so despite the fact that federal and state courts nationwide are sharply divided on the question whether an officer with probable cause to arrest a suspect for a misdemeanor may enter a home without a warrant while in hot pursuit of that suspect. Compare, e.g., Middletown v. Flinchum, 95 Ohio St. 3d 43, 45, 765 N. E. 2d 330, 332 (2002) ("We... hold today that when officers, having identified themselves, are in hot pursuit of a suspect who flees to a house in order to avoid arrest, the police may enter without a warrant,