Beathard v. Lyons

Plaintiff filed a section 1983 action alleging that he was improperly discharged from his position as a university football coach as a result of personal speech that was protected by the First Amendment. Defendants argued that the complaint should be dismissed because they had qualified immunity as a state university. The district court denied defendant’s motion to dismiss as premature and defendants appealed. The appellate court dismissed the appeal, finding it lacked appellate jurisdiction where the district court had concluded that factual development was necessary before it could resolve the question of qualified immunity. (EASTERBROOK and JACKSON-AKIWUMI, concurring)