Ct. of Appeals lacked jurisdiction to consider defendants’ appeal of Dist. Ct. order denying their request for qualified immunity in plaintiff’s section 1983 claim, alleging that defendants violated his 1st Amendment Free Exercise rights by arresting him on trespassing charges on account of his Moorish Science Temple beliefs. Under Johnson, 515 U.S. 304, defendants cannot appeal denial of motion seeking qualified immunity, where basis of denial was finding of existence of material question of fact, and instant Dist. Ct. found that there was factual dispute as to whether: (1) property-owner demanded that defendants arrest plaintiff; (2) reasonable jury could find that plaintiff's arrest was based on his religion; or (3) police force had policy that granted defendants discretion to arrest plaintiff under circumstances where plaintiff asserted that he had reasonable belief that third-party gave him valid permission to stay in owner’s home.
Federal 7th Circuit Court
Civil Court
Appellate Jurisdiction