Qualified Immunity

By: Derek Hawkins//September 10, 2019//

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7^th Circuit Court of Appeals

Case Name: Hyung Seok Koh, et al. v. John Ustich, et al.

Case No.: 18-1809; 18-1821

Officials: RIPPLE, MANION, and BRENNAN, Circuit Judges.

Focus: Qualified Immunity

Hyung Seok and Eunsook Koh, husband and wife, brought a § 1983 suit arising out of the investigation of and the Kohs’ arrests in connection with their son’s death. They sued the Northbrook Police Department, various Northbrook officers, the Wheeling Police Department, and a Wheeling officer asserting state and federal claims. The district court granted in part and denied in part the defendants’ motions for summary judgment. Northbrook Detectives John Ustich and Mark Graf and Wheeling Officer Sung Phil Kim have filed interlocutory appeals on the issue of qualified immunity concerning Mr. Koh’s Fifth Amendment coerced confession claim. Because appellants’ arguments are inseparable from the questions of fact identified by the district court, we dismiss these appeals for lack of 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.

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