1. The two elements of the qualified immunity defense include constitutional violation and establishment of the right at issue during the time of the conduct of a state officer. The test is so easy for officers to pass because of the nature of the job that plays a significant factor in the determination of immunity granted to public officers.

2. Section 42 USC 1983 authorizes claims and suits against individual officials to take responsibility in their course of duties. The first case involves the conduct of police officers during seizures and confiscation of material evidence, while the second involves the intentional mishandling of evidence to give one side an unfair advantage in the course of criminal proceedings.

3. It is a fundamental right to justice and every individual as the right to a fair trial. One has the right to sue a judge or a prosecutor if there is sufficient evidence to point out that a judge has acted outside his or her judicial capacity to warrant immunity. A good example is the case of Forester Vs White.