Garver Ex Rel. Garver v. Brandt

MEMORANDUM

Defendants-Appellants Julie Brandt and Dena Negron appeal the district court’s order denying their motion for summary judgment. Because we lack jurisdiction, we dismiss the appeal.

Plaintiffs-Appellees Kory Garver and A.G. filed this 42 U.S.C. § 1983 action alleging that Brandt and Negron violated their Fourth and Fourteenth Amendment rights. Brandt and Negron moved for summary judgment on the basis of qualified immunity. The district court denied the motion because it determined that “[gjenuine issues of material fact remain regarding what information was actually ... received by Brandt and Negron. A jury’s resolution of such disputed facts is critical to determining whether Brandt and Negron violated the Fourth and Fourteenth Amendment rights of [A.G.] and Kory Garver and the reasonableness of their belief in the legality of their conduct.”

We lack jurisdiction to review the district court’s decision because “a defendant, entitled to invoke a qualified immunity defense, may not appeal a district court’s summary judgment order insofar as that order determines whether or not the pretrial record sets forth a ‘genuine’ issue of fact for trial.” Johnson v. Jones, 515…