1. Whether a court can deny qualified immunity when there are no material disputed issues of fact and all the United States Supreme Court and Circuit Court decisions containing similar factual circumstances have found no constitutional violations or have found the official to be entitled to qualified immunity?

2. Whether the Second Circuit erred by departing from this Court's qualified immunity precedent requiring consideration of all material undisputed facts and viewing the constitutionality of the officer's action from the perspective of an objectively reasonable officer?

Whether a court can deny qualified immunity when no material disputed facts exist and prior Supreme Court and Circuit Court decisions found no constitutional violations or found the official entitled to qualified immunity?