Credit: Anne Kitzman/Shutterstock.com Third Circuit Finds Lack of Jurisdiction Over Qualified Immunity Issue in Police Officers' Appeal
"But here, the District Court's order permitted Saint-Jean to amend his complaint within 30 days, and he did so within that time period and before the officers appealed," said Judge Peter J. Phipps. "Because the original complaint was superseded before the appeal, the District Court's order was not final as to the officers' entitlement to qualified immunity based on the pleadings, and this Court never had jurisdiction to hear this appeal."
September 26, 2022 at 05:47 PM
7 minute read
A precedential U.S. Court of Appeals for the Third Circuit opinion has dismissed an appeal where the court found it had no basis for appellate jurisdiction over a New Jersey district court order denying qualified immunity to police officers in a civil rights suit.
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