Whether reviewing courts deciding qualified immunity on interlocutory appeal are permitted to reconsider the factual findings of the District Court

QUESTION PRESENTED FOR REVIEW In actions brought pursuant to 42 U.S.C. § 1983, it is well-established that interlocutory review of a denied motion for summary judgment can only be had on questions of law related to qualified immunity. Johnson v. Jones, 515 U.S. 304, 313 (1995). The appellate courts do not have jurisdiction to re-determine the facts, and are further guided by the well-established principle that disputed facts, and any reasonable inferences arising from the facts, must be considered in the light most favorable to the plaintiff. Jd. Despite this, the Eighth Circuit Court of Appeals re-considered the facts found by the District Court and discredited the plaintiffs version of events. The question presented is therefore whether reviewing courts deciding qualified immunity on interlocutory appeal are permitted to reconsider the factual findings of the District Court.