Wilkins

Wilkins v. City of Oakland

Good Law
350 F.3d 949·2003 WL 22770049
United States Court of Appeals for the Ninth CircuitNovember 20, 2003No. 03-15086California3,016 words

Opinion

Lead Opinion

Fletcher, J.

Defendants-Appellants Tim Scarrott and Andrew Koponen, Police Officers for the City of Oakland (“Scarrott and Kopo-nen,” or “the officers”), raise several issues on appeal. We conclude that we have jurisdiction to consider only the district court’s denial of their motion for summary judgment on the ground of qualified immunity. We affirm.

JURISDICTION

This court has jurisdiction under 28 U.S.C. § 1291 over an interlocutory appeal where the ground for the motion in question is qualified immunity. Jeffers v. Gomez, 267 F.3d 895, 903 (9th Cir.2001) (per curiam); Schwenk v. Hartford, 204 F.3d 1187, 1195 (9th Cir.2000). In such circumstances, however, appellate review is generally limited to issues of law, see Johnson v. Jones, 515 U.S. 304 , 115 S.Ct. 2151 , 132 L.Ed.2d 238 (1995), and “does not extend to claims in which the determination of qualified immunity depends on disputed issues of material fact.” Jeffers, 267 F.3d at 903 ; see Behrens v. Pelletier, 516 U.S. 299, 306 , 116 S.Ct. 834 , 133 L.Ed.2d 773 (1996).

The first question to be resolved, therefore, is whether this court has jurisdiction over all the issues raised on appeal. In Mitchell v. Forsyth, 472 U.S.…

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