Davis v. Allen

Plaintiff filed a lawsuit against a sheriff’s deputy under 42 U.S.C. § 1983, alleging the deputy violated plaintiff’s Fourth Amendment rights by using unreasonable and excessive force during an arrest. Defendant filed a motion for summary judgment arguing that his actions were objectively reasonable under the circumstances and that he was entitled to qualified immunity. The district court denied the motion and defendant appealed. The Seventh Circuit dismissed the appeal for lack of appellate jurisdiction, finding that it did not have jurisdiction over the question of qualified immunity because it could not consider that issue until factual disputes were resolved by the factfinder. (LEE, concurring)