Stewardson v. Biggs

Ct. of Appeals lacked jurisdiction to consider defendant-police officer’s interlocutory appeal of Dist. Ct.’s order denying defendant’s motion for summary judgment in plaintiff’s section 1983 action, alleging that defendant failed to intervene in another officer’s use of excessive force on plaintiff during plaintiff’s arrest. Dist. Ct. found that there was evidence supporting plaintiff’s claim that defendant had witnessed other officer both slam handcuffed plaintiff on ground and perform leg sweep on plaintiff, and existence of factual dispute as to whether defendant had realistic opportunity to intervene was question for jury, which precluded defendant from seeking instant interlocutory appeal.