Whether qualified immunity is abrogated by the Notwithstanding Clause of the Civil Rights Act of 1871

QUESTIONS PRESENTED 1. Whether any qualified immunity is abrogated by the Notwithstanding Clause of the Civil Rights Act of 1871, which provides that individuals are liable under Section 1983 “any such law, statute, ordinance, regulation, custom, or usage of the State to the contrary notwithstanding.” 2. Whether the doctrine of qualified immunity is irreconcilable with the clear intent of the legislature as evidenced in the Notwithstanding Clause and in the historical context under which the Civil Rights Act of 1871 was enacted. 3. Whether the doctrine of qualified immunity as developed by this Court is untenable and must be abrogated as it arises from impermissible judicial law-making. 4. Whether individuals have the right to record police activity under the First Amendment, a right that has never been explicitly recognized by the Fourth Circuit and which was effectively rejected sub silentio in the opinion below.