Does a judge have jurisdiction to grant qualified immunity?

MultiRegion, United States of America

The following excerpt is from O'Neill v. Town of Babylon, 986 F.2d 646 (2nd Cir. 1993):

Jurisdiction, however, is limited to circumstances where the qualified immunity defense may be established as a matter of law and "is not available where the immunity issue turns on disputed questions of fact." White v. Frank, 855 F.2d 956, 958 (2 Cir.1988). Indeed, we lack jurisdiction when the determination of material factual issues is "a necessary predicate" to a resolution of whether qualified immunity is a bar to the litigation. Cartier, supra, 955 F.2d at 844; see also White, supra, 855 F.2d at 962 (appeal from summary judgment denying qualified immunity defense dismissed on ground that court lacked jurisdiction because "further exploration" was necessary to resolve issue as a matter of law).

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