Ct. of Appeals dismissed for lack of jurisdiction defendants-police officer’s appeal of Dist. Ct.’s order denying their summary judgment motion in plaintiff’'s section 1983 action, alleging that defendants used excessive force by shooting him three times in effort to apprehend him following high speed car chase through residential area. Dist. Ct. order did not qualify as final order for purposes of seeking appeal, and exception to final decision rule for appeals concerning denial of motion seeking dismissal on qualified immunity grounds did not apply, where Dist. Ct. rightly found existence of multiple questions of material fact on issue as to whether plaintiff was complying with defendant’s directives at time of shooting, and whether plaintiff was reaching for what appeared to be firearm in his waistband at time of shooting. Moreover, defendants’ arguments on appeal required Ct. to resolve said issues based only on defendants’ version of facts.
Federal 7th Circuit Court
Civil Court
Appellate Jurisdiction