United States Third Circuit

Where a district court rests its denial of summary judgment on the basis of qualified immunity on the existence of a genuine issue of fact, the appellate court lacks jurisdiction to hear interlocutory appeal of denial; here, appellate court lacked jurisdiction and dismissed both appeals.

Appellate Information

• Argued 01/24/2002
• Decided 04/16/2002
• Published 04/16/2002

Judges

• Before:  NYGAARD and STAPLETON, Circuit Judges, and SLEET, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Randall G. Gale (Argued), Thomas, Thomas & Hafer, Harrisburg, PA, Counsel for Appellant at No. 01-1957., Michael A. Farnan (Argued), Department of Corrections, Camp Hill, PA, Counsel for Appellant at No. 01-1905.


• For Appellees:
  
• Thomas M. Place (Argued), Carlisle, PA, Counsel for Appellee.