Whether a court of appeals can decide factual disputes on an interlocutory appeal of qualified immunity and whether qualified immunity should be abrogated or restricted to its common-law origins

QUESTIONS PRESENTED After a police officer fatally shot Jonathan Victor, Victor’s estate sued the officer and his supervisor, Sherriff Huey Mack, under 42 U.S.C. § 1983. The claim against Mack was based on his failure to train the officer on how to deal safely with injured people who show signs of an altered state of mind. The district court held that genuine factual issues precluded summary judgment for Mack on qualified-immunity grounds, but the Eleventh Circuit reversed. The questions presented are: 1. Whether, on a defendant’s interlocutory appeal asserting qualified immunity, a court of appeals can decide whether any genuine factual disputes exist. 2. Whether qualified immunity should be abrogated or restricted to its common-law origins. @)