1. Whether the Court should permit the qualified immunity defense to extend to a court-invented, hypothetical and demonstrably counter-factual justification for a law enforcement officer's unconstitutional arrest, where the arresting officer concededly neither had nor ever articulated such justification at the time of the arrest or thereafter in court.

2. Whether the Court should further limit the scope of its qualified immunity jurisprudence, which has been increasingly criticized for contributing to a culture of law enforcement that tolerates and facilitates police misconduct.

Whether the Court should permit the qualified immunity defense to extend to a court-invented, hypothetical and demonstrably counter-factual justification for a law enforcement officer's unconstitutional arrest