I must have been misinformed when I was sued personally in Texas sometime ago for something one of my agents did. Fortunately, the gov settled.
Sorry, but the case law is well established, and there is absolutely no wiggle room.
Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)
Malley v. Briggs, 475 U.S. 335, 341 (1986)) Romero v. Kitsap County, 931 F.2d 624, 627 (9th Cir. 1991)
Mitchell v. Forsyth, 472 U.S. 511, 526 (1985).
Act-Up!, 988 F.2d at 871; see also Tribble v. Gardner, 860 F.2d 321, 324 (9th Cir. 1988), cert. denied, 490 U.S. 1075 (1989).
Alexander v. City and County of San Francisco, 29 F.3d 1355, 1363-64 (9th Cir. 1994).
Anderson v. Creighton, 483 U.S. 635 (1987)
Backlund v. Barnhart, 778 F.2d 1386, 1389 (9th Cir. 1985).
Romero, 931 F.2d at 627.