- Whether the district court properly denied petitioner's motion for summary judgment based
on a claim of qualified immunity.
- Whether the two-step framework for analyzing claims of qualified immunity, set forth in Saucier v. Katz, should be abandoned.
- Whether the rule that an evenly divided appellate court affirms the lower court's judgment should
not apply to interlocutory appeals challenging the rejection of a claim of qualified immunity.
Public Citizen was co-counsel for the respondent at the cert stage, and the Supreme Court denied cert.