Is a defendant entitled to qualified immunity in a civil case?

To determine whether a defendant is entitled to the defense of qualified immunity, we must determine (1) whether the plaintiff has specifically identified the right allegedly violated; (2) whether the right was so 'clearly established' that a reasonable officer would have been aware of its constitutional parameters; and (3) whether a reasonable officer could have believed his or her conduct lawful. Romero v. Kitsap County, 931 F.2d 624, 627 (9th Cir.1991). The first two inquiries are pure questions of law. The third is also a question of law which may require some factual determinations. Id. at 628.