In this appeal before the Second Circuit Court of Appeals, the Municipal Defendants [Defendants] ask the Appellate court to "exercise pendent jurisdiction" over the matter and reverse the district court’s denial of Defendant's motion for summary judgment on Plaintiff's state law claims of false arrest, malicious prosecution, intentional infliction of emotional distress, and indemnification, claiming that the Defendants were entitled to "qualified immunity."
The Circuit Court said that public officials performing discretionary functions are entitled to qualified immunity barring §1983 claims unless such officials “violated a statutory or constitutional right” and that right “was ‘clearly established’ at the time of the challenged conduct, citing Ricciuti v. Gyzenis, 834 F.3d 162.
The Circuit Court said it had jurisdiction to review an "interlocutory order denying qualified immunity so long as defendants pursue the appeal ‘on stipulated facts, or on the facts that the plaintiff alleges are true, or on the facts favorable to the plaintiff that the trial judge concluded the jury might find.’” In contrast, the Circuit Court said it did not have jurisdiction to review a denial of qualified immunity to the extent it was based on a district court’s finding that there is enough evidence in the record to create a genuine issue as to factual questions that are material to the resolution of the Defendants' qualified immunity claim.
In this instance the Circuit Court held that it lacked jurisdiction to consider the federal law claims at issue here because the Defendant police officers’ qualified immunity defense turns on disputed fact and the Defendants have not shown that they would be entitled to qualified immunity as a matter of law under Plaintiff’s version of the facts.
Rejecting Defendants' argument that the Defendant's police officers were entitled to qualified immunity on Plaintiff's false arrest claim and her equal protection claim, the court said that the resolution of these claims turn on the sufficiency of such claims to create an issue for the jury, "a contention that ... cannot[be] entertain on interlocutory review."
The Circuit Court of Appeals then explained that having concluded that it lacked jurisdiction to consider the question of qualified immunity as to Plaintiff's federal law claims, it also lack any basis to exercise pendent jurisdiction over Plaintiff's state law claims.
Click HERE to access the text of the Second Circuit Court of Appeals' decision.