Jurisdiction – Qualified Immunity

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7^th Circuit Court of Appeals

Case Name: Anthony Gant v. Daniel Hartman

Case No.: 18-1287

Officials: BAUER, HAMILTON, and BRENNAN, Circuit Judges.

Focus: Jurisdiction – Qualified Immunity

Anthony Gant brought this action against three police officers and the City of Fort Wayne for injuries he sustained as he fled from an armed robbery. Gant’s operative First Amended Complaint alleges several constitutional violations and seeks damages under 42 U.S.C. § 1983. The defendants moved for summary judgment, asserting claims of qualified immunity for Officers Daniel Hartman, Bradley Griffin, and Jason Palm.

The district court granted summary judgment for all defendants except Officer Hartman, who Gant alleges violated his Fourth Amendment rights by using unconstitutional excessive force in shooting him. Officer Hartman now appeals the district court’s denial of summary judgment. Because Officer Hartman’s argument depends upon and is inseparable from the disputed facts identified by the district court, we must dismiss this appeal for lack of appellate jurisdiction.

Dismissed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.