United States Second Circuit

In this excessive force action, the denial of defendant's motion for judgment as a matter of law after the first phase of a bifurcated trial in which the jury found in favor of plaintiff on the issue of liability is dismissed for lack of subject matter jurisdiction, where: 1) this appeal challenges the sufficiency of the evidence underlying the jury's rejection of the defendant's claim of qualified immunity; 2) this court has no interlocutory jurisdiction over sufficiency of the evidence questions; and 3) because the appeal in this case is based on the sufficiency of the evidence, such an appeal on qualified immunity grounds must be dismissed.

Appellate Information

• Decided 03/30/2015
• Published 03/30/2015

Judges

• Korman

Court

• United States Second Circuit

Counsel