Adams

Paul E. Speers, an officer in the California Highway Patrol (CHP), appeals the district court’s denial of immunity in this civil rights suit by John and Cathy Adams. Holding that, on the basis of the facts submitted by the Adamses, Speers is not entitled to immunity as a matter of law, we affirm the judgment of the district court.

FACTS

Preliminary to statement of the facts, we note that Officer Speers can make an interlocutory appeal from the ruling on immunity only if he accepts as undisputed the facts presented by the appellees. See Jeffers v. Gomez, 267 F.3d 895, 903 (9th Cir.2001). As Speers’ briefs show, he is familiar with this maxim governing such appeals, but at times his briefs lapse into disputing the Adamses’ version of the facts and even into offering his own version of the facts. We regret these lapses and, as they are made by the Attorney General of the State of California defending Speers, we take this occasion to advise the Attorney General that such practice could jeopardize our jurisdiction to hear the interlocutory appeal. This exceptional remedy is available only if the issue of immunity is presented as a question of law. See Johnson v. County of Los…