I don't see that reading. I see quite the opposite. (Court opinions are hard to read, as they often veer into double- and triple-negatives)
I see that paragraph as saying that "this case is meaningfully different -- McGarry was fighting against the officer (vs York was not menacing the officer), and McGarry was very close to the officer at the time of the throwdown.
The footnote is the judge defending himself aginst claims of over-pedantic weasily rules-lawyering. He's saying a judge could make a decision based on irrelevant differences (like kitchen vs parking lot), but following Gorusch, to be fair to plaintiffs, the judge is only considering Constitutionally relevant facts.
QI says that if the officer had no way to know the behavior was illegal, he can't be sued for it. Nothing stops legislature (or executive) from reading a ruling and passing a law (or rule, resp) to clarify.
It's the opposite of "Fuck You, Gorusch".