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

Questions Presented 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. i Parties The Petitioner is George Wingate, plaintiff and appellant below. The Respondents are deputy sheriffs with the Stafford County, Virginia Sheriff's Office, defendants and appellees below: Scott Fulford and Dimas Pinzon. Prior Proceedings Wingate v. Fulford, No. 1:18-cv-937, U.S. District Court for the Eastern District of Virginia. Judgment entered May 31, 2019. Wingate v. Fulford, No. 19-1700, U. S. Court of Appeals for the Fourth Circuit. Amended judgment entered Feb. 5, 2021; rehearing denied, Mar. 2, 2021. ii