Gutierrez v. Kermon

Ct. of Appeals dismissed for want of jurisdiction defendant-police officer’s appeal of Dist. Ct. order denying his motion for summary judgment that alleged that he was entitled to qualified immunity in instant section 1983 action asserting that defendant lacked probable cause to arrest plaintiff on charges of public intoxication and resisting arrest. Defendant’s argument on appeal depended on key disputed fact regarding whether plaintiff was swaying or walking with unsteady gait at time of his arrest, and as such, Ct. of Appeals lacked jurisdiction where, as here, defendant was contesting whether record contained sufficient evidence to create genuine question of material fact on probable cause issue.