1. Under what circumstances may an appellate court review the findings of the district court with respect to the validity of the disputed material facts where there exists no legal question concerning a clearly established federal right that needs to be decided by the court?

2. Can an appellate court, having disagreed with a district court's assessment of the evidence, thereafter reverse the findings of the district court, and substitute its findings of fact based upon the moving parties version of the evidence?

3. Can an appellate court substitute its own findings of fact based upon the moving parties' version of the evidence then accept pendent jurisdiction and reverse a district court's non-final order on federal and state claims not the subject of the appeal by finding that they were "inextricably intertwined," to the defense of qualified immunity?

Whether an appellate court may review disputed material facts and substitute its own findings when deciding qualified immunity