Full opinion text
HOLMES, Circuit Judge. Plaintiff-Appellant A.M. filed this action under 42 U.S.C. § 1983 on behalf of her minor child, F.M., against two employees of the Albuquerque Public Schools — specifically, Cleveland-Middle School (“CMS”) Principal Susan LaBarge and Assistant Principal Ann Holmes — and against Officer Arthur Acosta of the Albuquerque Police Department (“APD”). A.M. brought several claims stemming ¡from two school-related events: (1) the May 2011 arrest of F.M. for allegedly disrupting his physical-education class, and (2) the November 2011 search of F.M. for contraband. Ms. Holmes and Ms. LaBarge sought summary judgment on the basis of qualified immunity, and the district court granted their respective motions. The court also denied A.M.’s motion for summary judgment on her claims pertaining to Officer Acosta after determining that Officer Acosta was entitled to prevail on qualified-immunity grounds. On appeal, A.M. contends that the district court erred in awarding qualified immunity to all of the defendants. We have consolidated these matters for our review. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm each grant of qualified immunity. I. BACKGROUND A. May 2011 Arrest of F.M. On May 19, 2011, CMS physical-education teacher Margaret Mines-Hornbeck placed a call on her school-issued radio to request assistance with a student. Officer Acosta, the school resource officer, responded to the call. As he approached the designated classroom, he saw a student— later identified as F.M., who was then thirteen years old and in the seventh grade — sitting on the hallway floor adjacent to the classroom while Ms. Mines-Hornbeck stood in the hallway near the classroom door. Other students were peering through the doorway. Ms. Mines-Hornbeck explained that F.M. had generated several fake burps, which made the other students laugh and hampered class proceedings. After F.M. ignored her requests to stop making those noises, Ms. Mines-Hornbeck ordered him to sit in the hallway. F.M. nominally complied, but once he was situated in the hallway, he leaned into the classroom en-tranceway and continued to burp and laugh. This obliged Ms. Mines-Hornbeck to “hav[e] to deal with [F.M.] repeatedly” and rendered her unable to continue teaching the class. Aplt’s App. (No. 14-2183) at 289 (Acosta’s Dep., dated Dec. 3, 2012). Ms. Mines-Hornbeck told Officer Acosta that she “need[ed] [F.M.] removed from [t]here” because she could not control F.M. Id. at 288. At some point during Ms. Mines-Horn-beck’s conversation with Officer Acosta, F.M. interjected, saying, “That didn’t happen. No, that’s not true.” Id. Nonetheless, based on what he had observed, Officer Acosta asked F.M. to come with him. F.M. cooperated; he accompanied Officer Acosta to CMS’s administrative office and waited in a chair while Officer Acosta retrieved a computer from his patrol car. Officer Acosta then informed F.M. that, “[bjecause of the disruptions [he] saw,” id. at 293, he would be arresting F.M. for interfering with the educational process in violation of N.M. Stat. Ann. § 30-20-13(D), which is a petty misdemeanor offense. Once again, F.M. stated that he had done nothing wrong. However, Officer Acosta did not “go into great detail with [F.M.],” Aplt.’s App. (14-2183) at 292, which is to say that he did not invite further discussion of F.M.’s version of events. Aware that he possessed complete discretion concerning whether to arrest F.M. or issue a citation, Officer Acosta believed that he had a legitimate basis to arrest (i.e., probable cause) based on (1) Ms. Mines-Hornbeck’s statement that F.M.’s (fake) burping and other specified misconduct prevented her from controlling her class, and (2) his observation that, when he responded to Ms. Mines-Horn-beck’s call, “there was no more teaching going on,” id. at 289, because Ms. Mines-Hornbeck was monitoring F.M. in the hallway. Officer Acosta thus drafted the necessary incident report, leaving F.M. outside the administrative office. He did not place F.M. in handcuffs at that point because F.M. posed no flight risk and “was not combative.” Id. at 293. When Officer Acosta advised Ms. La-Barge of his plan to arrest F.M., Ms. LaBarge prepared a disciplinary referral slip that denoted “Police or Outside Agency” action and imposed a one-day suspension to be served May 20, 2011. Id. at 118 (Discipline Referral, dated May 19, 2011). She gave Officer Acosta “the duplicate ... Parent/Student copy” of the referral slip. Id. at 114 (LaBarge’s Aff., dated Sept. 20, 2012). Meanwhile, pursuant to school policy, Ms. LaBarge’s administrative assistant attempted to notify A.M. She called the two telephone numbers listed in F.M.’s enrollment records, but to no avail: the first number had been disconnected, and the second number lacked a functioning voicemail account. After completing his paperwork, Officer Acosta said to F.M., “Let’s go to the car.” Id. at 295. F.M. responded, “Okay,” and walked to Officer Acosta’s patrol car without incident. Id. Although he had not “laid a finger on [F.M.] ... up to th[at] point,” Officer Acosta told F.M. when they reached the vehicle that he would be performing a pat-down search “per APD policy.” Id. F.M. indicated that he had no weapons or contraband on his person, and Officer Acosta found neither during the pat-down search. At that point, Officer Acosta handcuffed F.M., placed him in the patrol car, and drove him to the juvenile detention center. F.M. was booked into the detention center at approximately 1:30 p.m. As Officer Acosta expected, a detention-center staff member completed F.M.’s risk assessment instrument before releasing F.M. to the custody of A.M. at around 2:30 p.m. Shortly thereafter, A.M. visited Ms. LaBarge at CMS to discuss F.M.’s suspension. By both accounts, the conversation was unproductive. See id. at 18 (Compl., filed Nov. 30, 2011) (embodying A.M.’s averment that Ms. LaBarge had unreasonably suspended F.M. without holding a hearing); id. at 115 (reflecting Ms. LaBarge’s statement that A.M.’s demeanor “prevented [them] from having a reasonable ... discussion”). F.M. served his suspension and did not return to CMS for the remainder of the 2010-11 school year. Not surprisingly, the story of his arrest garnered some publicity. A.M. “spoke publicly” about the incident and “provided interviews to local news media.” Aplt.’s App. (14-2066) at 14 (Compl., filed Feb. 28, 2013). According to Officer Acosta, news coverage of F.M.’s arrest “was on the airways quite a bit,” much to the chagrin of school administrators. Id. at 115. B. November 2011 In-School Search of F.M. A.M. re-enrolled F.M. at CMS for the 2011-12 school year. F.M. was attending school on November 8, 2011, the date of the second event prompting this litigation. That morning, a CMS student approached a teacher to report having witnessed a potential drug transaction on campus. The student recounted having seen approximately five other students carrying small baggies containing what appeared to be marijuana; these individuals seemed to be exchanging money for drugs. Though unsure of the observed students’ identities, the reporting student “gave ... a location in the hallway where the incident took place.” Id. at 122 (Uniform Incident Report, dated Nov. 9, 2011). Ms. Holmes was notified of the student’s report and “contacted [Officer Acosta] on the school radio ... in regards to [the] suspicious situation.” Id. Officer Acosta then retrieved the school’s security-camera footage to see if it might assist school administrators’ efforts to identify the students of interest. During their review of the footage corresponding to the time and place described by the reporting student, Ms. Holmes and Ms. LaBarge recognized the five students involved in the suspicious transaction — including, as relevant here, F.M. These students were summoned to the administrative office while school representatives endeavored to contact the students’ parents to inform them that their children would be searched in connection with a suspected drug transaction. The only student for whom a parent could not be reached was F.M. All of the students were searched in a conference room next to Ms. LaBarge’s office. Several adults were present: Ms. LaBarge, Ms. Holmes, Officer Acosta, a male teacher, and APD Officer Kiel Higgins. The first four searches and interviews were audio-recorded. According to Officer Acosta, these four students were asked to remove their shoes and empty their pockets. Two students stated that they had seen marijuana, “but [they] stopped short of saying who had it in their possession.” Id. Another student reported seeing F.M. with money. No drugs were found on any of the first four students. As for F.M., one of the adults videotaped his search and interview using Officer Higgins’s lapel camera. F.M. emptied his pockets and produced $200 in cash, including a $100 bill. Ms. Holmes asked F.M. if he had anything he was not supposed to have, and F.M. answered that he had a marijuana-leaf belt buckle. A search of F.M.’s backpack produced, among other items, a red bandana and a belt buckle displaying an image of a marijuana leaf. Both items violated CMS’s prohibition of “bandanas,” “gang-related” clothing, and apparel displaying “inappropriate messages or symbols.” Aplt’s App. (14-2183) at 122 (Uniform Dress Policy, filed Sept. 21, 2012). F.M. was wearing “numerous layers of clothing,” id. at 190 (LaBarge’s Dep., dated Dec. 14, 2012), including a long-sleeved athletic shirt, a short-sleeved shirt layered over the first shirt, a pair of jeans, two pairs of athletic shorts, and boxer-shorts underwear. When prompted, he took off his shoes. F.M. also complied with a request to remove his jeans and place them on a table after demonstrating that he was wearing shorts underneath. At the school administrators’ behest, the male teacher inspected F.M.’s waistband. He flipped down the waistband of the first pair of athletic shorts to reveal the.- second pair. The teacher left undisturbed the waistbands of F.M.’s other pair of athletic shorts and his boxer shorts. F.M. then removed one pair of athletic shorts and his short-sleeved shirt, which left him wearing a long-sleeved shirt, a pair of athletic shorts, and boxer-shorts underwear. Shortly thereafter, F.M. donned the rest of his clothing. The search of F.M.’s person, his removed clothing, and his backpack yielded no marijuana. While F.M. was in the office, the school received a return phone call from A.M. Ms. LaBarge communicated with A.M., describing the events and the items recovered in the search of F.M. During the conversation, A.M. confirmed that F.M. had left home carrying $200 that morning. Ms. LaBarge elected “not [to] discipline F.M. for the suspected drug transaction due to his mother’s corroboration of’ why he possessed $200 in cash. Id. at 117. However, Ms. LaBarge imposed a three-day in-school suspension, marking “Dress Code Violation,” “General Disruptive Conduct,” and “Gang-Related Activity! — ]red bandana” on the associated referral form. Id. at 123 (Discipline Referral, dated Nov. 8, 2011). Later that day, Ms. LaBarge met with A.M. to explain the search and suspension. She subsequently stated that A.M. “stormed out” after “refus[ing] to listen” and saying “her attorney would contact [the school].” Id. After November 8, 2011, F.M. did not return to CMS. C. Procedural History On November 30, 2011, A.M. filed a lawsuit in New Mexico state court against Ms. LaBarge, Ms. Mines-Hornbeck, and Officer Acosta. A.M. alleged in the complaint that the defendants deprived F.M. of his civil rights by arresting him in May 2011 under N.M. Stat. Ann. § 30-20-13(D) and by handcuffing him while effecting the arrest — asserting Fourth Amendment violations as to both claims. Notably, A.M. opined that a reasonable officer “should have known that burping was not a crime” and that “no force was necessary” to facilitate the arrest. Aplt.’s App. (14-2183) at 21. A.M. also alleged that in November 2011, Ms. LaBarge violated F.M.’s Fourth Amendment right to be free from unlawful searches, claiming that Ms. LaBarge’s “strip-searching” of F.M. was unreasonable. Id. at 22. After the defendants removed the action to federal court, Ms. LaBarge and Ms. Mines-Hornbeck filed a motion for summary judgment, asserting the defense of qualified immunity. In January 2013, after opposing the motion, A.M. agreed to the dismissal of all claims against Ms. Mines-Hornbeck and all claims against Ms. La-Barge pertaining to the arrest. And, in reply, Ms. LaBarge re-urged that she could avail herself of qualified-immunity protection on the claim stemming from the search. On April 8, 2013, the district court granted Ms. LaBarge’s motion for summary judgment based on its finding that she was entitled to qualified immunity. The court rested its qualified-immunity ruling on its conclusion that A.M. had failed to demonstrate that Ms. LaBarge committed a constitutional violation during the search of F.M. More specifically, applying the Supreme Court’s reasoning in Safford Unified School District No. 1 v. Redding, 557 U.S. 364, 129 S.Ct. 2633, 174 L.Ed.2d 354 (2009), and New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985), the court found (1) that the search of F.M. was justified at its inception because school administrators perceived “a moderate chance of finding evidence of wrongdoing,” Aplt.’s App. (14-2183) at 256 (Mem. Op. & Order, filed Apr. 8, 2013); and (2) that the search was “conducted in a manner that was reasonably related ... to the circumstances which justified the search in the first place,” id. at 257. In February 2013, while the claims detailed supra were still pending, A.M. filed another state-court lawsuit against Ms. Holmes, also bringing claims related to the November 2011 search. A.M. alleged that Ms. Holmes (1) unreasonably searched F.M., thereby violating the Fourth Amendment; (2) commenced F.M.’s search to retaliate against A.M. for speaking to the media about the May 2011 arrest, thereby allegedly violating F.M.’s First Amendment rights; and (3) “treated F.M. differently” than “other similarly situated students” during the search, thereby violating the Equal Protection Clause of the Fourteenth Amendment. Aplt’s App. (14-2066) at 20 (Compl., filed Feb. 28, 2013). After removing the action to federal court, Ms. Holmes moved for summary judgment on the grounds of qualified immunity and collateral estoppel. As to the latter ground, Ms. Holmes argued: “Plaintiff lost her claim for unlawful search against Principal LaBarge and has simply reasserted the identical claim based on the identical facts against Assistant Principal Holmes.” Id. at 42 (Holmes’s Mot. for Summ. J., filed June 17, 2013). The district court granted Ms. Holmes’s motion for summary judgment. First, it concluded that “the elements necessary to invoke collateral estoppel [were] met”— namely: (1) A.M. was a party to the action against Ms. LaBarge; (2) in the prior action, the district court adjudicated A.M.’s Fourth Amendment claim on the merits; (3) A.M. presented the same issue implicated in the prior action (the reasonableness vel non of the search); and (4) A.M. received a “full and fair opportunity to litigate the relevant issue.” Id. at 164, 165 (Mem. Op. & Order, filed Mar. 31, 2014). The court'also determined that dismissal of A.M.’s claims against Ms. Holmes was “required because [Ms. Holmes] did not violate a clearly established right in searching F.M.,” id. at 166, and “because it was not clearly established that a search of a student based on reasonable suspicion could give rise to a First Amendment retaliation claim,” id. at 171-72. Lastly, the court rejected A.M.’s equal-protection claim after finding that A.M. had not presented evidence to show that F.M. was treated differently from similarly situated students. In August 2013 — i.e., after the district court granted Ms. LaBarge’s summary-judgment motion, but before the court granted Ms. Holmes’s motion — A.M. moved for summary judgment on her claims against Officer Acosta. She argued that Officer Acosta committed a constitutional violation when he arrested F.M. for interfering with the educational process under N.M. Stat. Ann. § 30-20-13(D). She further asserted that Officer Acosta committed a constitutional violation when he handcuffed F.M. and that “[cjlearly established common and statutory New Mexico [l]aw put [Officer Acosta] on notice” that handcuffing F.M. could give rise to liability under § 1983. Aplt.’s App. (14-2183) at 282 (A.M.’s Mot. for Summ. J., filed Aug. 15, 2013). On September 19, 2014, after Officer Acosta responded to A.M.’s motion and argued for qualified immunity, the district court ruled on the motion. The court awarded qualified immunity to Officer Acosta regarding F.M.’s arrest based on its view that “F.M.’s right to be free from arrest was not clearly established at the time of the alleged misconduct.” Id. at 395 (Mem. Op. & Order, filed Sept. 19, 2014). It also concluded that Officer Acosta was protected by ■ qualified immunity on the excessive-force claim because A.M. had not shown that F.M. suffered any “actual physical or emotional injury,” id. at 397, and thus had not demonstrated that Officer Acosta committed a Fourth Amendment violation in that regard. Not only did the court deny A.M.’s motion, it also dismissed AM.’s claims against Officer Acosta with prejudice. A.M. filed timely notices of appeal from all three of the district court’s orders granting qualified immunity to Officer Acosta, Ms. Holmes, and Ms. LaBarge. We have consolidated these actions for our review. II. STANDARD OF REVIEW The defense of qualified immunity “protects governmental 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.’ ” Weise v. Casper, 593 F.3d 1163, 1166 (10th Cir. 2010) (quoting Pearson v. Callahan, 555 U.S. 223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009)); see also Mullenix v. Luna, — U.S. -, 136 S.Ct. 305, 308, 193 L.Ed.2d 255 (2015) (per curiam) (“Put simply, qualified immunity protects ‘all but the plainly incompetent or those who knowingly violate the law.’ ” (quoting Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986))). This doctrine “not only protects public employees from liability, [but] also protects them from the burdens of litigation.” Allstate Sweeping, LLC v. Black, 706 F.3d 1261, 1266 (10th Cir. 2013); see Price-Comelison v. Brooks, 524 F.3d 1103, 1108 (10th Cir. 2008) (noting that qualified immunity provides “a right not to stand trial in the first place”). In light of these purposes, “we review summary judgment orders deciding qualified immunity questions differently from other summary judgment decisions.” Cortez v. McCauley, 478 F.3d 1108, 1114 (10th Cir. 2007) (en banc) (quoting Medina v. Cram, 252 F.3d 1124, 1128 (10th Cir. 2001)). When a defendant asserts the defense of qualified immunity, “the onus is on the plaintiff to demonstrate ‘(1) that the official violated a statutory or constitutional right, and (2) that the right was “clearly established” at the time of the challenged conduct.’ ” Quinn v. Young, 780 F.3d 998, 1004 (10th Cir. 2015) (quoting Ashcroft v. al-Kidd, 563 U.S. 731, 735, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011)). In other words, if the plaintiff fails to establish either prong of the two-pronged qualified-immunity standard, the defendant prevails on the defense. See, e.g., Felders ex rel. Smedley v. Malcom, 755 F.3d 870, 877-78 (10th Cir. 2014) (“[T]he ‘record must clearly demonstrate the plaintiff has satisfied his heavy two-part burden; otherwise, the defendants are entitled to qualified immunity.’ ” (quoting Medina, 252 F.3d at 1128)); see also Cox v. Glanz, 800 F.3d 1231, 1245 (10th Cir. 2015) (“[B]y asserting the qualified-immunity defense, Sheriff Glanz triggered a well-settled twofold burden that Ms. Cox was compelled to shoulder: not only did she need to rebut the Sheriffs no-constitutional-violation arguments, but she also had to demonstrate that any constitutional violation was grounded in then-extant clearly established law.”). We have discretion to address either prong first, see Panagoulakos v. Yazzie, 741 F.3d 1126, 1129 (10th Cir. 2013)—viz., where appropriate, we may determine that “the right that [the plaintiffs] claim implicates ... was not clearly established [at the relevant time],” Cox, 800 F.3d at 1247; see, e.g., Pearson, 555 U.S. at 243, 129 S.Ct. 808 (“[W]e hold that petitioners are entitled to qualified immunity because the entry did not violate clearly established law.”). “For a constitutional right to be clearly established, ‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.’ ” Wilson v. Montano, 715 F.3d 847, 852 (10th Cir. 2013) (alteration in original) (quoting Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987)); accord Weigel v. Broad, 544 F.3d 1143, 1154 (10th Cir. 2008). In that regard, we exercise “special care to ‘define the clearly established right at issue on the basis of the specific context of the case’ and, in so doing, avoid defining the ‘case’s context in a manner that imports genuinely disputed factual propositions.’ ” Felders, 755 F.3d at 885 (quoting Tolan v. Cotton, — U.S. -, 134 S.Ct. 1861, 1866, 188 L.Ed.2d 895 (2014) (per curiam)); see Mullenix, 136 S.Ct. at 308 (“ ‘We have repeatedly told courts ... not to define clearly established law at a high level of generality.’ The dispositive question is ‘whether the violative nature of particular conduct is clearly established.’ ” (omission in original) (quoting al-Kidd, 563 U.S. at 742, 131 S.Ct. 2074)); Brosseau v. Haugen, 543 U.S. 194, 198, 125 S.Ct. 596, 160 L.Ed.2d 583 (2004) (per curiam) (noting that the clearly-established-law “inquiry ‘must be undertaken in light of the specific context of the case, not as a broad general proposition.’ ” (quoting Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001), overruled on other grounds by Pearson v. Callahan, 555 U.S. 223, 236, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009))). Ordinarily, a plaintiff may show that a particular right was clearly established at the time of the challenged conduct “by identifying an on-point Supreme Court or published Tenth Circuit decision; alternatively, ‘the clearly established weight of authority from other courts must have found the law to be as [she] maintains.’ ” Quinn, 780 F.3d at 1005 (quoting Weise, 593 F.3d at 1167); accord Cox, 800 F.3d at 1247. However, “we do not always require case law on point,” Morris v. Noe, 672 F.3d 1185, 1196-97 (10th Cir. 2012) (emphasis added), and “the Supreme Court has warned that ‘officials can still be on notice that their conduct violates established law even in novel factual circumstances,’ ” Casey v. City of Fed. Heights, 509 F.3d 1278, 1284 (10th Cir. 2007) (quoting Hope v. Pelzer, 536 U.S. 730, 741, 122 S.Ct. 2508, 153 L.Ed.2d 666 (2002)). “We have therefore adopted a sliding scale to determine when law is clearly established. ‘The more obviously egregious the conduct in light of prevailing constitutional princi-pies, the less specificity is required from prior case law to clearly establish the violation.’ ” Id. (quoting Pierce v. Gilchrist, 359 F.3d 1279, 1298 (10th Cir. 2004)); accord Fogarty v. Gallegos, 523 F.3d 1147, 1161 (10th Cir. 2008). Although A.M. need not show that “the very action in question [has] ... previously been held unlawful, ‘in the light of pre-existing law the unlawfulness must be apparent.’ ” Albright v. Rodriguez, 51 F.3d 1531, 1535 (10th Cir. 1995) (quoting Creighton, 483 U.S. at 640, 107 S.Ct. 3034). Lastly, in determining whether the plaintiff has satisfied the necessary two-pronged qualified-immunity showing, courts ordinarily accept the plaintiffs version of the facts — that is, “the facts alleged,” Riggins v. Goodman, 572 F.3d 1101, 1107 (10th Cir. 2009)—but “because at summary judgment we are beyond the pleading phase of the litigation, [the] plaintiffs version of the facts must find support in the record,” Thomson v. Salt Lake Cty., 584 F.3d 1304, 1312 (10th Cir. 2009); see York v. City of Las Cruces, 523 F.3d 1205, 1210 (10th Cir. 2008) (“As with any motion for summary judgment, ‘[w]hen opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts[.]’ ” (alterations in original) (quoting Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007))). III. DISCUSSION Our review of the district court’s rulings concerning “[liability under § 1983 ..., and [the] defendants’ entitlement to qualified immunity, turn[s] on an individual assessment of each defendant’s conduct and culpability.” Pahls v. Thomas, 718 F.3d 1210, 1233 (10th Cir. 2013). We will address AM.’s claims against Officer Acosta, Ms. Holmes, and Ms. LaBarge in turn. A. Claims Against Officer Acosta When A.M. .moved for summary judgment on her claims against Officer Acosta, she argued that he could not avail himself of qualified-immunity protection. Officer Acosta then lodged his response, invoking the defense of qualified immunity therein. Once the motion was fully briefed, the district court concluded that Officer Acosta was entitled to qualified immunity; not only did it deny the motion, the court also dismissed AM.’s claims against Officer Acosta with prejudice. On appeal, A.M. first contends that the court erred by entering judgment in Officer Acosta’s favor sua sponte without affording her the requisite notice set forth in the Federal Rules of Civil Procedure. A.M. also seeks reversal of the court’s grant of qualified immunity to Officer Acosta on her Fourth Amendment unlawful-arrest and excessive-force claims. We discern no reversible error and therefore uphold the relevant district court rulings. 1. Procedural Propriety of Summary Judgment Grant Before granting summary judgment in favor of a non-movant — here, Officer Acosta — the district court must “giv[e] notice and a reasonable time to respond.” Fed. R. Civ. P. 56(f). The court “may grant summary judgment sua sponte ‘so long as the losing party was on notice that [it] had to come forward with all of [its] evidence.’ ” Sports Racing Servs., Inc. v. Sports Car Club of Am., Inc., 131 F.3d 874, 892 (10th Cir. 1997) (alterations in original) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 326, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). “While the practice of granting summary judgment sua sponte is not favored,” we will affirm the judgment when the losing party has received adequate notice of the need to marshal evidence. Scull v. New Mexico, 236 F.3d 588, 600 (10th Cir. 2000). Moreover, even if we deem the court’s notice unsatisfactory, “we will still affirm a grant of summary judgment if the losing party suffered no prejudice from the lack of notice.” Johnson v. Weld Cty., 594 F.3d 1202, 1214 (10th Cir. 2010). Based on our review of this case’s procedural history, we find it pellucid that A.M. was aware that the district court planned to rule on the issue of qualified immunity with respect to Officer Acosta. Indeed, that was one matter on which A.M. herself requested a ruling. See Aplt.’s App. (14-2183) at 260 (reflecting AM.’s “anticipat[ion]” in her summary-judgment motion that “Defendant Acosta w[ould] claim qualified immunity” and requesting that the court find that “Defendant Acosta is not entitled to qualified immunity”); see also id. at 279-80 (arguing that “[o]nly if an officer’s use of force in a case is objectively reasonable ... is the defense of qualified immunity available” and citing qualified-immunity caselaw). But even assuming arguendo that A.M. did not know if Officer Acosta would rely upon qualified immunity in addressing her motion — that is, whether Officer Acosta would put forward the qualified-immunity issue for resolution — any uncertainty would perforce Have dissipated when Officer Acosta actually filed his response brief. Quite unremarkably, Officer Acosta did assert the qualified-immunity defense, and his arguments evidently prompted A.M. to devote the lion’s share of her reply brief to the issue of qualified immunity. See Aplt’s App. (14-2183) at 334, 340 (entitling the two sections of her reply brief (1) “Defendant Acosta is not entitled to qualified immunity for his arrest of F.M. for purportedly violating [N.M. Stat. Ann. § 30-20-13(D)]” and (2) “Defendant Acosta is not entitled to qualified immunity for the force exerted on F.M. as a matter of clearly established law” (capitalization altered)). As a result, A.M. is not situated to claim on appeal that she lacked notice that she should present evidence (as well as legal argument) designed to forestall a potential grant of qualified immunity to Officer Acosta. To justify her view that she received inadequate notice of a forthcoming qualified-immunity ruling, A.M. relies on a non-precedential order and judgment issued by a panel of this court in 1993. See Aitson v. Campbell, 989 F.2d 507, 1993 WL 55951, at *3-4 (10th Cir. Mar. 1, 1993) (unpublished table decision). An issue in Aitson was whether the district court erred in dismissing claims in a sua sponte grant of absolute immunity. Critically, the defendants in that case — members of the Oklahoma Board of Dentistry, who had revoked the plaintiff’s professional license — had only sought qualified (not absolute) immunity in moving for summary judgment. See id. at *3. The panel reversed the district court’s judgment; it reasoned that, because none of the briefing discussed absolute immunity, the plaintiff was prejudiced by a lack of notice that the issue was even presented for decision. See id. at *4. Those circumstances, however, make Aitson distinguishable. Notably, all three summary-judgment briefs concerning Officer Acosta addressed qualified immunity in some way, and that is precisely the kind of immunity that formed the basis for the district court’s ruling. Accordingly, we conclude that Aitson does not avail A.M., and her reliance on it is misplaced. Finally, A.M. contends that she was deprived of the opportunity to come forward with evidence of injuries she claims F.M. sustained during the handcuffing. However, our review of the parties’ briefing belies this argument. Most saliently, in his response brief, Officer Acosta argued that any injury to F.M. would have been de minimis, see Aplt.’s App. (14-2183) at 322-23 (Acosta’s Resp. Br., filed Jan. 29, 2014) (arguing that F.M.’s minor status did not render Officer Acosta’s “minimal use of force unconstitutional” in light of “established precedent requiring a] showing] [that] the force used resulted in some substantial injury”); this argument should have reasonably apprised A.M. it was necessary to present with her reply brief evidence concerning any physical or emotional injury of F.M. In this regard, our precedent treats “some actual injury” as an essential element of a claim for excessive force under § 1983. Cortez, 478 F.3d at 1129 & n. 25. A.M. was therefore on notice that she needed to offer any evidence that she possessed regarding F.M.’s injuries from handcuff-related force applied during the arrest. Bearing the foregoing in mind, we conclude that A.M. is not entitled to reversal on this procedural basis. In sum, we conclude that A.M. received sufficient warning that the question of qualified immunity would be resolved in the district court’s ruling on her motion for summary judgment. And she certainly should have understood that, if the district court resolved the qualified-immunity issue in Officer Acosta’s favor, that would effectively end the litigation as to him. We consequently discern no reversible error in the court’s method of granting summary judgment to Officer Acosta, the non-moving party. 2. Unlawful-Arrest Claim We now address whether the district court erred in granting qualified immunity to Officer Acosta on A.M.’s claim that he arrested F.M. without probable cause in violation of the Fourth Amendment. For the reasons discussed herein, we conclude (as the district court did) that Officer Acosta is entitled to qualified immunity. Specifically, we affirm the court’s judgment on the ground that the extant clearly established law in May 2011 would not have apprised a reasonable law-enforcement officer in Officer Acosta’s position that F.M.’s conduct in Ms. Mines-Horn-beck’s class fell outside of the scope of N.M. Stat. Ann. § 30-20-13(D), such that there would not have been probable cause to support an arrest of F.M. for interfering with the educational process. a. Background Principles i “A warrantless arrest violates the Fourth Amendment unless it was supported by probable cause.” Keylon v. City of Albuquerque, 535 F.3d 1210, 1216 (10th Cir. 2008); see Romero v. Story, 672 F.3d 880, 889 (10th Cir. 2012) (“In the context of an unlawful arrest ..., the law was and is unambiguous: a government official must have probable cause to arrest an individual.” (quoting Fogarty, 523 F.3d at 1158-59)). “Probable cause exists if facts and circumstances within the arresting officer’s knowledge and of which he or she has reasonably trustworthy information are sufficient to lead a prudent person to believe that the arrestee has committed or is committing an offense.” Keylon, 535 F.3d at 1216 (quoting Romero v. Fay, 45 F.3d 1472, 1476 (10th Cir. 1995)). When assessing whether an officer had probable cause to arrest an individual, courts “examine the events leading up to the arrest, and then decide ‘whether these historical facts, viewed from the standpoint of an objectively reasonable police officer, amount to’ probable cause.” Maryland v. Pringle, 540 U.S. 366, 371, 124 S.Ct. 795, 157 L.Ed.2d 769 (2003) (quoting Ornelas v. United States, 517 U.S. 690, 696, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996)); accord Rojas v. Anderson, 727 F.3d 1000, 1003 n. 4 (10th Cir. 2013); see also Illinois v. Gates, 462 U.S. 213, 232, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) (noting that “probable cause is a fluid concept — -turning on the assessment of probabilities in particular factual contexts — not readily, or even usefully, reduced to a neat set of legal rules”). “Neither the officer’s subjective beliefs nor information gleaned post-hoc bear on this inquiry.” Manzanares v. Higdon, 575 F.3d 1135, 1144 (10th Cir. 2009). Ultimately, “[a]ll that matters is whether [the officer] possessed knowledge of evidence that would provide probable cause to arrest [the individual] on some ground.” Apodaca v. City of Albuquerque, 443 F.3d 1286, 1289 (10th Cir. 2006). In the present case, Officer Acosta contends that he had probable cause to arrest F.M. for violating N.M. Stat. Ann. § 30-20-13(D), which provides, in pertinent part: “No person shall willfully interfere with the educational process of any public ... school by committing, threatening to commit or inciting others to commit any act which would disrupt, impair, interfere with or obstruct the lawful mission, processes, procedures or functions of a public ... school.” Officer Acosta alleges that he based his decision to arrest on two factors: (1) Ms. Mines-Hornbeck’s statement that F.M.’s (fake) burping and other specified misconduct prevented her from controlling her class, and (2) his observation that, when he responded to Ms. Mines-Horn-beck’s call, “there was no more teaching going on,” Aplt’s App. (14-2183) at 289, because Ms. Mines-Hornbeck was monitoring F.M. in the hallway. In sum, Officer Acosta asserts that F.M.’s behavior constituted an obvious and willful interference with the educational process — as described by the statute — and that his (Officer Acosta’s) recognition of the interference supplied him with the requisite probable cause to arrest F.M. However, in the qualified-immunity context, Officer Acosta’s commission vel non of a constitutional violation need not be the focus of our inquiry. This is because A.M. “must demonstrate on the facts alleged both that [Officer Acosta] violated [F.M.’s] constitutional ... rights, and that the right was clearly established at the time of the alleged unlawful activity.” Riggins, 572 F.3d at 1107 (emphases added). We elect to center our analysis on the clearly-established-law question. “As a practical matter, we implement this [clearly-established-law] standard by asking whether there was ‘arguable probable cause’ for an arrest — if there was, a defendant is entitled to qualified immunity.” Kaufman v. Higgs, 697 F.3d 1297, 1300 (10th Cir. 2012) (quoting Cortez, 478 F.3d at 1121); see id. (“If we conclude that probable, cause was lacking, we then must determine whether Mr. Kaufman’s rights were clearly established, which we approach by asking whether the officers arguably had probable cause.”). To be more specific, [w]hen a warrantless arrest is the subject of a § 1983 action, the defendant arresting officer is “entitled to immunity if a reasonable officer could have believed that probable cause existed to arrest” the plaintiff. “Even law enforcement officials who ‘reasonably but mistakenly conclude that probable cause is present’ are entitled to immunity.” Romero, 45 F.3d at 1476 (citations omitted) (quoting Hunter v. Bryant, 502 U.S. 224, 227, 228, 112 S.Ct. 534, 116 L.Ed.2d 589 (1991) (per curiam)); see Cortez, 478 F.3d at 1120 (“Even law enforcement officials who reasonably but mistakenly con-elude that probable cause is present are entitled to immunity.”)- In other words, in the § 1983 qualified-immunity context, an officer may be mistaken about whether he possesses actual probable cause to effect an arrest, so long as the officer’s mistake is reasonable — viz., so long as he possesses “arguable probable cause.” Cortez, 478 F.3d at 1121; see id. at 1120 n. 15 (“Some courts have referred to this standard as 'arguable probable cause.’ ”); accord Koch v. City of Del City, 660 F.3d 1228, 1241 (10th Cir. 2011); see also Stonecipher v. Valles, 759 F.3d 1134, 1141 (10th Cir. 2014) (“Arguable probable cause is another way of saying that the officers’ conclusions rest on an objectively reasonable, even if mistaken, belief that probable cause exists.”); Jones v. Cannon, 174 F.3d 1271, 1283 n. 3 (11th Cir. 1999) (“Arguable probable cause, not the higher standard of actual probable cause, governs the qualified immunity inquiry.”). We conclude that A.M. has not demonstrated that, under extant clearly established law, a reasonable officer in Officer Acosta’s position would have had fair warning that he lacked probable cause to arrest F.M. for interfering with the educational process in violation of N.M. Stat. Ann. § 30-20-13(D). Put another way, in our view, such an officer could have reasonably believed — even if mistakenly — that the officer possessed probable cause under section 30-20-13(D) to arrest F.M. ii. At the outset, we note that there are no Supreme Court or published Tenth Circuit decisions addressing the contours of probable cause to arrest under New Mexico’s interference-with-educational-process statute. But, as we have explained in a case that turned on the interpretation of state law: [W]e think it prudent to clarify ... the role played by state law in determining whether Plaintiff can show a violation of ... federal rights. Here, where the context is an alleged [wrongful] arrest for a purported state offense, state law is of inevitable importance.'The basic federal constitutional right of freedom from arrest without probable cause is undoubtedly clearly established by federal cases. But the precise scope of that right uniquely depends on the contours of a state’s substantive criminal law in this case because the Defendants claim to have had probable cause based on a state criminal statute. And as to the interpretation of [that state’s] criminal law, other than the statute itself ..., [that state’s] Supreme Court is the ultimate authority. So we look to the [state] Supreme Court’s decisions when inquiring whether the Defendants’ interpretation of the ... statute was one that a reasonable officer would have held at the time of [Plaintiffs] arrest. Kaufman, 697 F.3d at 1300-01 (emphases added) (citation omitted) (discussing Colorado’s substantive criminal law); see also Mayfield v. Bethards, No. 15-3074, 826 F.3d 1252, 1256-59, 2016 WL 3397503, at *3-5 (10th Cir. June 20, 2016) (looking to Kansas law to define the contours of plaintiffs’ Fourth Amendment right to be free from unreasonable seizure of their pet dog); Wilson v. Montano, 715 F.3d 847, 854 (10th Cir. 2013) (in determining whether the federal constitutional right to a prompt probable-cause determination was violated, noting that “[w]e consider New Mexico state law insofar as it bears on the scope of each appellant’s responsibility to ensure a prompt probable cause determination”); accord Cherrington v. Skeeter, 344 F.3d 631, 643 (6th Cir. 2003). When a state Supreme Court has not spoken on the question at issue, we assume (without deciding) that a reasonable officer would seek guidance regarding the scope of proper conduct at least in part from any on-point decisions of the state’s intermediate court of appeals. See Richard B. Sa-phire, Qualified Immunity in Section 1983 Cases and the Bole of State Decisional Law, 35 ARIZ. L. REV. 621, 647 n.123 (1993) (“Where the relevant state court decision is not that of the state supreme court, .... a decision by a state appellate court ... for the judicial district within which a public official works will normally be considered a relevant, and at least a provisionally binding, source for determining the legal standards to which the public official should conform.” (emphasis added)); cf. Kokins v. Teleflex, Inc., 621 F.3d 1290, 1297 (10th Cir. 2010) (“[T]he decision of an intermediate appellate state court is a datum for ascertaining state law which is not to be disregarded by a federal court unless it is convinced by other persuasive data that the highest court of the state would decide otherwise.” (quoting Stickley v. State Farm Mut. Auto. Ins. Co., 505 F.3d 1070, 1077 (10th Cir. 2007))). For clarity’s sake, however, we underscore that — even when it is essential to discern the content of state law — the rights being vindicated through § 1983 are federal. See, e.g., Baker v. McCollan, 443 U.S. 137, 146, 99 S.Ct. 2689, 61 L.Ed.2d 433 (1979) (“Section 1983 imposes liability for violations of rights protected by the Constitution, not for violations of duties of care arising out of tort law.”); Clanton v. Cooper, 129 F.3d 1147, 1155 n. 4 (10th Cir. 1997) (“Clanton also claims that such a statement [i.e., a confession of an admitted coconspirator] may not support an arrest warrant under Oklahoma law. ... [A]n action may not be maintained under 42 U.S.C. § 1983 for a state official’s failure to adhere to state law.”). b. Clearly-Established-Law Analysis A.M. insists that Officer Acosta’s arrest of F.M. for his burping and other horseplay in Ms. Mines-Hornbeck’s classroom violated clearly established law because F.M.’s conduct patently did not rise to the level of seriousness envisioned by N.M. Stat. Ann. § 30-20-13(D) and “no case [was] necessary to alert him [i.e., Officer Acosta] to this fact.” Aplt.’s Opening Br. (14-2183) at 40. In this regard, A.M. reasons, “At worst, F.M. was being a class-clown and engaged in behavior that would have subjected generations of school boys to an after-school detention, writing lines, or a call to his parents.” Id. at 42. Moreover, A.M. contends that, when the provisions of section 30-20-13 are read as a whole, “it is clear that the New Mexico legislature contemplated” that the statute’s provisions would only be violated “by actions which impede’the overall public function of the school, and not a classroom in the school.” Reply Br. (14-2183) at 15; see Aplt.’s Opening Br. (14-2183) at 40 (“Any reasonable officer would understand that Section 30-20-13(D) is targeted at criminalizing the intentional act of disrupting the overall operation of a school.”). As germane here, in assessing whether Officer Acosta had fair notice that his conduct would be unlawful in the circumstances he confronted (i.e., when he was deciding whether to arrest F.M.), we are guided, first, by the text of N.M. Stat. Ann. § 30-20-13(D) and, then, by any relevant state and federal decisions interpreting its import. i. The determination of whether a law-enforcement officer’s reliance on a statute makes his conduct objectively reasonable turns, inter alia, on “the degree of specificity with' which the statute authorized the conduct in question.” Mimics, Inc. v. Vill. of Angel Fire, 394 F.3d 836, 846 (10th Cir. 2005) (quoting Roska ex rel. Roska v. Peterson, 328 F.3d 1230, 1253 (10th Cir. 2003)). And we “resist reading words or elements into a statute that do not appear on its face.” United States v. Handley, 678 F.3d 1185, 1189 (10th Cir. 2012) (quoting United States v. Sturm, 673 F.3d 1274, 1279 (10th Cir. 2012)). So do the New Mexico courts. See, e.g., State v. Wood, 117 N.M. 682, 875 P.2d 1113, 1116 (N.M. Ct. App. 1994) (“This Court will not read language into a statutory provision which is clear on its face.”); State v. Gutierrez, 102 N.M. 726, 699 P.2d 1078, 1082 (N.M. Ct. App. 1985) (“This interpretation [i.e., the defendant’s] requires us to read words into the statute or ignore words that are present. This we need not do, since the statute makes sense as written.”). We believe the text of N.M. Stat. Ann. § 30-20-13(D) manifests the New Mexico legislature’s intent to prohibit a wide swath of conduct that interferes with the educational process. The statute renders unlawful, inter alia, the commission of “any act which would ... interfere with” or “disrupt” school functioning and, thereby, “interfere with the educational process.” N.M. Stat. Ann. § 30-20-13(D) (emphasis added). The common meaning of the word “any” is, inter alia, “one or some indiscriminately of whatever kind.” Any, WebsteR’s Third New INTERNATIONAL Dictionary (2002) [hereinafter Webster’s (2002) ] (emphasis added); see id. (additionally defining the term to mean, inter alia, “one, no matter what one” and “some no matter how great or small”). To “interfere” means “to be in opposition: to run at cross-purposes[;] ... to act ... so as to ... diminish,” Interfere, Webster’s (2002), supra-, or to “prevent (a process or activity) from continuing or being carried out properly,” Interfere, New Oxford AMERICAN DICTIONARY (2d ed. 2005). See also Interference, Black’s Law Dictionary (10th ed. 2014) (defining the term as meaning, to pose “[a]n obstruction or hindrance”). Similarly, to “disrupt” means “to throw into disorder[;] ... to interrupt to the extent of stopping, preventing normal continuance of, or destroying[ ] that experience,” Disrupt, Webster’s (2002), supra; or to “caus[e] a disturbance or problem,” Disrupt, New Oxford American, supra. The ordinary meaning of these statutory terms would seemingly encompass F.M.’s conduct because F.M.’s burping, laughing, and leaning into the classroom stopped the flow of student educational activities, thereby injecting disorder into the learning environment, which worked at cross-purposes with Ms. Mines-Hornbeck’s planned teaching tasks. More to the point, we cannot conclude that the plain terms of subsection (D) would have given a reasonable law-enforcement officer in Officer Acosta’s shoes fair warning that if he arrested F.M. for engaging in his classroom misconduct he (i.e., the officer) would be violating F.M.’s Fourth Amendment right to be free from an arrest lacking in probable cause. Though A.M. suggests that the New Mexico legislature only sought to criminalize more serious conduct, there is no such limiting language in subsection (D)’s plain terms, and we decline to read such a limitation into the statute. See, e.g., Handley, 678 F.3d at 1189; Wood, 875 P.2d at 1116. Likewise, we discern no textual support for A.M.’s contention that the statute evinces the legislature’s intention to punish the specified acts (e.g., “disrupt, impair, interfere”) only when they detrimentally impact “the overall public function of the school, and not a classroom in the school.” Reply Br. (14-2183) at 15. And A.M. offers no statutory analysis to bolster her conclu-sory assertion to this effect. Accordingly, we do not believe that A.M. can carry her clearly-established-law burden by relying solely on the plain terms of N.M. Stat. Ann. § 30-20-13(D). We acknowledge, however, that when refracted through the lens of judicial decisions, statutory language may conceivably send a warning signal that is not readily apparent on the statute’s face. And, in this regard, A.M. maintains that the caselaw extant at the time of F.M.’s arrest supports her view that Officer Acosta lacked probable cause for his arrest of F.M. under section 30-20-13(D). ii The body of relevant caselaw is very limited. In making its clearly-established-law argument, A.M. principally relies on a decision of the New Mexico Court of Appeals, State v. Silva, 86 N.M. 543, 525 P.2d 903 (N.M. Ct. App. 1974). We conclude, however, that Silva does not get A.M. over her clearly-established-law hurdle. Silva involved a distant statutory predecessor of N.M. Stat. Ann. § 30-20-13. Though this earlier statute included some terms that are identical to the language of subsection (D), the Silva statute did not include any provision that specifically proscribed interference with educational process. Instead, the specific provision at issue in Silva prohibited any person from willfully refusing] or failing] to leave the property of, or any building or other facility owned, operated or controlled by the governing board of any institution of higher education upon ’ being requested to do so by the chief administrative officer or his designee ... if the person is committing, threatens to commit or incites others to commit any act which would disrupt, impair, interfere with or obstruct the lawful mission, processes, procedures or functions of the institution. N.M. Stat. Ann. § 40A-20-10(C) (1974); see Silva, 525 P.2d at 905. The defendants were students who refused to leave a university president’s office after being twice asked to do so. See Silva, 525 P.2d at 904. The president was conducting appointments in his office and voiced the concern that the students were “disrupting his normal business.” Id. (emphasis added). This resulted in the police arresting the students. See id. The students challenged the constitutionality of the statute, inter alia, on First Amendment overbreadth grounds. See id. at 907 (“When a statute draws within its prohibitory ambit conduct protected by the First and Fourteenth Amendments it is void for overbreadth.”). But the court rejected this attack, reasoning, as an initial matter, that the statute was actually “more narrowly drawn” than analogous proscriptive statutes that had been upheld in the educational context and that subsection (C) of section 40A-20-10 was “valid on its face.” Id. at 908. More specifically, as to the statute’s narrowly drawn nature, the court reasoned that “[i]ts operative verbs (disrupt, impair (as construed), interfere with, obstruct), read as a whole, denote a more substantial, more physical invasion,” than analogous statutes that, to the contrary, are broad enough to punish conduct that merely disturbs the peace. Id. at 907. In the same vein, the court held that, unlike such comparatively broader statutes, the statute at issue there (i.e., subsection (Q) “requires interference with the actual functiojiing of the University,” id.; it reasoned that the statute’s reference to the institution’s mission, processes, procedures, and functions, “when read together, mean nothing less,” id. at 908. In addition, the court ruled that the statute was constitutional as applied, observing, among other things, that when the students’ “demands were not met they added coercive conduct to their protected speech and their constitutional protection ended” and, more specifically, that “[b]y refusing to leave” the president’s office after he asked them to leave, the students “substantially interfered in the functioning of the president’s business.” Id. at 908 (emphasis added). According to A.M., Silva constitutes clearly established law for this case and, in particular, makes clear that N.M. Stat. Ann. § 30-20-13(D) should be interpreted as proscribing only conduct that (a) rises to a level of seriousness akin to that in Silva, and (b) detrimentally impacts the actual functioning of a school, as a whole, not just an individual classroom. Therefore, A.M. reasons that Silva would have given a reasonable officer in Officer Acosta’s position fair warning that he lacked probable cause to arrest F.M. under section 30-20-13(D) for “[a]t worst, ... being a class-clown” in Ms. Mines-Hornbeck’s classroom. Aplt.’s Opening Br. (14-2183) at 42. We disagree. First of all, it is not even clear that Silva is apposite in this factual and legal context — much less clearly established law for it. A.M. has not identified any New Mexico decisions in the relevant time period that have used Silva to define the scope of section 30-20-13(D), and we are not aware of any. To be sure, we freely acknowledge that there are similarities between the language of the statute at issue in Silva (i.e., section 40A-20-10(C)) and the language of section 30-20-13(D). Notably, in an educational context, both statutes condition liability on an individual’s direct or indirect commission of “any act which would disrupt, impair, interfere with or obstruct the lawful mission, processes, procedures or functions.” N.M. Stat. Ann. § 30-20-13(D). Compare N.M. Stat. Ann. § 40A-20-10(C) (1974) (proscribing “any act which would disrupt, impair, interfere with or obstruct the lawful mission, processes, procedures or functions”). However, subsection (D) is a unique statute that the New Mexico legislature adopted in 1981 as an amendment to section 30-20-13, see 1981 N.M. Laws, ch. 32, § 1, at 107-08, to deal with different concerns than those addressed by the statute at issue in Silva — i.e., subsection (C) of section 40A-20-10. The plain language of the two statutes patently reveals this fact. Significantly, the express terms of section 40A-20-10(C) convey that the New Mexico legislature’s objective in enacting the statute was to punish those who would willfully engage in a comparatively narrow set of conduct — unauthorized sit-ins and other occupations of property of colleges and other institutions of higher education. See N.M. Stat. Ann. § 40A-20-10(C) (punishing any “person [who] shall willfully refuse or fail to leave the property of, or any building or other facility owned, operated or controlled by the governing board of any institution of higher education upon being requested to do so”); see Silva, 525 F.2d at 907 (noting that “the statute vindicates the significant government interest in the control of campus disturbances”); see also Dan R. Price, Note, State Legislative Response to Campus Disorder: An Analytical Compendium, 10 Hous. L. Rev. 930, 938 & n. 74 (1972-73) (discussing “campus disorder laws” and noting, with citation to N.M. Stat. Ann. § 40A-20-10, that “[t]he single most popular enactment was a statute that forbade interference or trespass upon notice”). In sharp contrast, the plain terms of section 30-20-13(D) reveal that the proscriptive focus of the New Mexico legislature was broader: it aimed to punish any person who willfully, inter alia, disrupts or interferes with a school's “educational process” — without restricting by its terms the form in which that process might manifest itself. See N.M. Stat. Ann. § 30-20-13(D) (criminally punishing a “person [who] shall willfully interfere with the educational process of any public or private school”). Notably, though subsection (C) of section 40A-20-10 and subsection (D) of section 30-20-13 use some of the same language, there is no substantive analogue of subsection (D) in any provision of section 40A- , 20-10. In other words, none of the latter’s provisions specifically relates to willful interference with the educational process. The idea that the substantive concerns of the two statutes are different — which should be clear from their plain terms— becomes even more obvious when one recognizes that another subsection of section 30-20-13 — subsection (C) — is substantively analogous to the exact provision at issue in Silva — which is also designated subsection (C) (i.e., section 40A-20-10(C)). In other words, there is a provision in section 30-20-13 that addresses subject matter that is similar to the provision at issue in Silva. Specifically, like subsection (C) in Silva, subsection (C) of section 30-20-13 criminalizes the willful failure to leave certain government property (albeit not just education-related property) “when requested to do so.” N.M. Stat. Ann. § 30-20-13(C). Given that subsection (C) of section 30-20-13 generally addresses similar subject matter as the statute at issue in Silva, we doubt that the New Mexico legislature also intended for subsection (D) — the one at issue here — to address this-topic. The New Mexico courts presume that the legislature does not act in such a redundant fashion. See, e.g., Katz v. N.M. Dep’t of Human Servs., 95 N.M. 530, 624 P.2d 39, 43 (1981) (“A statute must be construed so that no part of the statute is rendered surplusage or superfluous.”); accord State v. Javier M., 131 N.M. 1, 33 P.3d 1, 15 (2001). Thus, given that the two statutes are focused on different things, we are hard-pressed to conclude that it would have been pellucid to a reasonable officer in Officer Acosta’s shoes that he should look to Silva for direction in seeking to enforce the separate provisions of section 30-20-13(D). Put more broadly, given the absence of New Mexico authority from the relevant period applying Silva to section 30-20-13(D), and given the distinct legal contexts contemplated by, respectively, the statute in Silva and the one in this case, it is not clear to us that Silva is even apposite — let alone clearly established law. And, if it is not clear to us, it a fortiori would not have been clear to a reasonable officer in Officer Acosta’s position. Furthermore, even assuming arguendo that such a reasonable officer would have sought guidance from Silva, we are not persuaded that Silva would have clearly warned that officer that he lacked probable cause under section 30-20-13(D) to arrest F.M. In this regard, we underscore that A.M. must shoulder a “quite heavy” burden in showing that the law was clearly established by Silva. Watson v. Univ. of Utah Med. Ctr., 75 F.3d 569, 577 (10th Cir. 1996) (quoting Jantz v. Muci, 976 F.2d 623, 627 (10th Cir. 1992)); see also Dodds v. Richardson, 614 F.3d 1185, 1191 (10th Cir. 2010) (“Once a defendant asserts qualified immunity, the plaintiff bears the burden of satisfying a ‘strict two-part test.’ ” (citation omitted)). And, more specifically, it is not enough for A.M. to demonstrate that, under Silva’s guidance, Officer Acosta lacked probable cause to arrest F.M. Instead, A.M. must show that Officer Acosta lacked arguable probable cause: viz., his belief that he possessed probable cause was not only mistaken, it was objectively unreasonable. See, e.g., Stonecipher, 759 F.3d at 1141 (“Arguable probable cause is another way of saying that the officers’ conclusions rest on an objectively reasonable, even if mistaken, belief that probable cause exists.”). We conclude that A.M. has failed to carry this burden. First of all, contrary to A.M.’s suggestion, there is nothing in Silva’s text that w