What does "clearly established law" mean in the context of NCO immunity?

In the context of NCO immunity, "clearly established law" refers to legal principles that a reasonable officer would clearly understand. This term emphasizes the notion that for an NCO to be entitled to immunity from civil liability, the law they are allegedly violating must be so clearly established that a reasonable individual in their position would recognize that their conduct is unlawful.

This concept originates from the need to balance the accountability of officers with the necessity for them to make decisions in complex, often rapidly changing situations without fear of constant litigation. The standard for "clearly established" typically involves consideration of case law and statutes that have been sufficiently clear and definitive, allowing people in similar positions to understand their legal obligations. Thus, when it is said that a law is clearly established, it provides a clear benchmark for what is permissible versus what is not, enabling NCOs to perform their duties effectively and in a legally compliant manner.