Opinion
JANUARY 29, 2002
No. 01-309. HOPE v. PELZER ET AL. C.A. 11th Cir. [Certiorari granted, ante, p. 1073.] Order granting petition for writ of certiorari amended as follows: Certiorari granted limited to the following questions: "1. Whether state officials sued in their individual capacities under 42 U.S.C. § 1983 are entitled to qualified immunity unless they have violated statutory or constitutional rights `clearly established' by a case presenting facts `materially similar' to those in the plaintiff's case. 2. Whether under the circumstances that must be taken as true at the summary judgment stage of this case, tying a prisoner to a `hitching post' violates `clearly established' constitutional rights for purposes of qualified immunity under 42 U.S.C. § 1983."