Bottari v. Fisher

Summary

The Second Circuit dismissed an interlocutory appeal from the denial of police officers’ motion for summary judgment based on qualified immunity. Because the denial rested on genuine disputes of material fact concerning the arrest, the court held that it lacked jurisdiction under 28 U.S.C. § 1291 and that no exception applied.

Holdings

1. The court lacked jurisdiction to review the district court's denial of summary judgment asserting qualified immunity because the denial rested on genuine disputes of material fact and therefore was not a final decision.
2. No exception to the jurisdictional rule applied because the officers' submissions did not support their qualified-immunity defense on stipulated facts, facts accepted for purposes of appeal, or Bottari's version of the facts.

Questions Presented

1. Whether the Second Circuit had jurisdiction over an appeal from a denial of summary judgment based on qualified immunity where the district court found genuine disputes of material fact.
2. Whether the disputed-facts exception to the ordinary bar on interlocutory review applied because the officers' qualified-immunity defense was supported by stipulated facts, facts accepted for purposes of appeal, or the plaintiff's version of the facts.

Disposition

dismissed