Can a defendant be granted qualified immunity under Section 1983 of the Civil Rights Act?

A 1983 defendant may be granted qualified immunity if his conduct did not violate a clearly-established right of which a reasonable person would have known. Saucier v. Katz, 533 U.S. 194, 201 (2001). Defendant argues that his conduct did not violate plaintiff's rights, so he should be granted qualified immunity.³ As discussed at length above, triable issues of fact remain to be adjudicated on whether defendant did violate plaintiff's rights. Therefore, defendant is not entitled to a grant of qualified immunity at this time.