Does the Court have jurisdiction to hear an interlocutory appeal from the denial of qualified immunity?

MultiRegion, United States of America

The following excerpt is from Knox v. Southwest Airlines, 124 F.3d 1103 (9th Cir. 1997):

Thus, we have jurisdiction over an interlocutory appeal from the denial of qualified immunity where the appeal focuses on whether the defendants violated a clearly established law given the undisputed facts, while we do not have jurisdiction over an interlocutory appeal that focuses on whether there is a genuine dispute about the underlying facts. See Armendariz v. Penman, 75 F.3d 1311, 1317 (9th Cir.1996) (en banc) ("[W]e have jurisdiction to review the district court's decision that the defendants' alleged conduct violated clearly established law, but the collateral order doctrine does not provide appellate jurisdiction to review the district court's decision that genuine issues of material fact exist for trial."). Even if disputed facts exist about what actually occurred, a defendant may still file an interlocutory appeal if the defendant's alleged conduct in any event met the standard of objective legal reasonableness under clearly established law regarding the right allegedly infringed. See Behrens, at ----, 116 S.Ct. at 842.

Other Questions


Does the Court have jurisdiction to hear an interlocutory appeal from a denial of qualified immunity? (MultiRegion, United States of America)
Does the Court have jurisdiction to hear an interlocutory appeal asserting the erroneous denial of qualified immunity? (MultiRegion, United States of America)
Does the Court have jurisdiction to hear appeals from the Federal Appeal Court? (MultiRegion, United States of America)
What jurisdiction does the Court have to hear an appeal from the Nevada Superior Court of Appeal? (MultiRegion, United States of America)
Does the Court have jurisdiction to hear an interlocutory appeal from the denial of a motion to dismiss on double jeopardy grounds? (MultiRegion, United States of America)
Can the Court of Appeal hear appeals from interlocutory orders of the district court which grant, continue, modify, or dissolve injunctions? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
What is the effect of the Court of Appeal's finding that the Ontario Superior Court of Justice has jurisdiction to hear a motion of appeal in the matter of personal injury? (MultiRegion, United States of America)
If a motion is brought before the Superior Court of Justice in the absence of a motion before the Court of Appeal, and the motion has been adjourned for a second time, is there an instance where this court should take jurisdiction? (MultiRegion, United States of America)
Does the 9th Circuit have jurisdiction to hear an appeal from the denial of qualified immunity? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.