Ferguson v. Short

After plaintiff's convictions for second-degree murder and first-degree robbery were vacated, plaintiff filed suit against several detectives who investigated the murder. In this interlocutory appeal, the detectives challenge the district court's denial of their motion for summary judgment. Plaintiff moved to dismiss this appeal for lack of jurisdiction. Because the court concluded that the detectives raised the qualified-immunity issue on the face of the papers, the court remanded the case to the district court for consideration of the motion for summary judgment on the basis of qualified immunity. In considering that motion, the court explained that the district court can decide as a preliminary matter whether the detectives discussed the issue of qualified immunity in sufficient detail and with sufficient citations to undisputed record evidence to enable the district court to rule on the matter. View "Ferguson v. Short" on Justia Law