No. 23-896

Sean Garnand, et al. v. Greg Moore, et al.

Lower Court: Ninth Circuit
Docketed: 2024-02-21
Status: Denied
Type: Paid
Response Waived
Tags: appellate-jurisdiction circuit-court civil-procedure civil-rights due-process interlocutory-appeal jurisdiction jurisdictional-limitation legal-question qualified-immunity
Latest Conference: 2024-03-22
Question Presented (from Petition)

Can a Circuit Court of Appeals simply elect not to
decide purely legal qualified immunity questions over
which it has interlocutory appellate jurisdiction?

Can a Circuit Court of Appeals invent a jurisdictional limitation to avoid deciding purely legal
qualified immunity questions over which it has interlocutory appellate jurisdiction?

In an interlocutory qualified immunity appeal, can
a Circuit Court of Appeals manufacture a claim that is
not pled in the Complaint and then, solely based on
that manufactured claim, deny qualified immunity for
a legally distinct claim that is in the Complaint?

Question Presented (AI Summary)

Can a Circuit Court of Appeals avoid deciding purely legal qualified immunity questions over which it has interlocutory appellate jurisdiction?

Docket Entries

2024-03-25
Petition DENIED.
2024-03-06
DISTRIBUTED for Conference of 3/22/2024.
2024-02-28
Waiver of right of respondent Greg Moore, et al. to respond filed.
2024-02-16

Attorneys

Greg Moore, et al.
Lawrence Jay WulkanZwillinger Wulkan, Respondent
Sean Garnand, et al.
Dennis Patrick McLaughlinCity of Tucson Attorney's Office, Petitioner