Gorromeo
Gorromeo v. Zachares
Opinion
Lead Opinion
MEMORANDUM *
In this 42 U.S.C. § 1983 action, Plaintiff Ariel Gorromeo alleges in his complaint that Defendants Mark D. Zachares and Robert P. Goldberg violated his civil rights under the Fourth and Fourteenth Amendments by, among other things, arresting him without a warrant at his residence and detaining him for more than 48 hours without a probable cause hearing. Defendants filed a motion for judgment on the pleadings or, in the alternative, summary judgment, in which they alleged they were entitled to qualified immunity because their conduct was authorized by duly enacted statutes of the Commonwealth of the Northern Mariana Islands (“CNMI”). The district court denied their motion, and they filed this interlocutory appeal. We affirm.
A. Jurisdiction
Although the denial of a motion for judgment on the pleadings is not ordinarily appealable, the denial of a claim for qualified immunity is appealable before final judgment under the collateral order doctrine. 1 See Motley v. Walker, 175 F.3d 756, 759 (9th Cir.1999). We reject Plaintiffs contention that we lack jurisdiction because Defendants did not file their notice of appeal within the 30-day period required by Fed. R.App. P.…