1. Whether the Fourth Circuit, consistent with this Court's decision in Scott v. Harris, 550 U.S. 372 (2007), should have exercised jurisdiction and considered certain, particular evidence in respect to the application of qualified immunity.

2. Whether, as to qualified immunity and prior to October 14, 2014, it was "clearly established," "beyond debate" to a supervising public defender that restraining a subordinate public defender's speech and terminating the subordinate defender's employment, in the particular circumstances presented, violated the First Amendment.

Whether the Fourth Circuit should have exercised jurisdiction and considered evidence regarding qualified immunity