1. Does qualified immunity protect government officials so long as no prior precedent exists recognizing the unconstitutionality of a fact pattern exactly analogous to the underlying case, as the Fifth, Sixth, and Eighth Circuits have held, or can a constitutional violation be clearly established with prior precedent with some factual variation, as the Third, Fourth, Seventh, Ninth, Tenth, and Eleventh Circuits have held?

2. Should the judge-made doctrine of qualified immunity, which is absent from the text of 42 U.S.C. § 1983, be narrowed or abolished?

Whether qualified immunity protects government officials when no prior precedent exists recognizing the unconstitutionality of a fact pattern exactly analogous to the underlying case