When a defendant asserts qualified immunity, what are the elements?

When evaluating a case wherein the defendant asserts the defense of qualified immunity, courts examine (1) whether the state actor's alleged misconduct violated a constitutional right and (2) whether the right was clearly established at the time of the alleged misconduct. Id. at 232. The defense of qualified immunity fails only if the court finds both that a constitutional right has been violated and that the right was clearly established at the time. Id. While the "Constitution's 'elaboration from case to case'" favors considering whether there was a constitutional violation before determining whether the same was clearly established, (id. (quoting Saucier v. Katz, 533 U.S. 194, 201 (2001)), courts have discretion to consider these elements in any order they choose, (id. at 236).