ualified immunity is obviously raised in advance of the actual trial. The judge will decide whether the officer violated a clearly established constitutional right. As a result, qualified immunity has two elements. The first element is whether a constitutional violation even occurred. This is a question of fact. Assume that Jones sued Officer Smith and that Smith requested qualified immunity. The judge would review the facts and ask, "Could a reasonable officer believe that the force was reasonable based on the facts known by Smith at the time