Tenth Circuit Court of Appeals courthouse in Denver, CO. Photo: Avalon Zoppo/ALM Tenth Circuit Declines to Extend Collateral Order Doctrine to Encompass Interlocutory Orders on 'Bivens' Claims
Along with the Third and the Sixth Circuits, the Tenth Circuit is the third circuit court to conclude that the collateral order doctrine does not provide for immediate review under similar circumstances.
June 28, 2024 at 01:36 PM
8 minute read
Civil Appeals
In Mohamed v. Jones, No. 22-1453, __ F.4th __ (10th Cir. May 7, 2024), the U.S. Court of Appeals for the Tenth Circuit determined that it lacked jurisdiction to consider an interlocutory order concerning whether the Bivens doctrine provided a remedy for excessive force and failure to intervene claims under the Eighth Amendment. Along with the Third and the Sixth Circuits, the Tenth Circuit is the third circuit court to conclude that the collateral order doctrine does not provide for immediate review under similar circumstances.
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