 The Eleventh Circuit determined that the use of the hitching post was cruel and unusual punishment in violation of the Eighth Amendment.Nevertheless, it affirmed the grant of qualified immunity because, in its view, the hitching post was not materially similar to other forms of punishment with respect to which it was "clearly established" that they were cruel and unusual.In determining whether a defendant in a civil rights lawsuit should receive qualified immunity, the first question to ask is whether the plaintiff has alleged a constitutional violation.