United States Fourth Circuit

District court correctly concluded that the qualified immunity defense was not available to defendants at time of their summary judgment motions, and, because a defendant entitled to invoke a qualified immunity defense may not appeal a summary judgment order on whether the pretrial record sets forth a genuine issue of fact for trial, the appeals were dismissed for want of jurisdiction.

Appellate Information

• Argued 05/02/2000
• Decided 02/07/2002
• Published 02/07/2002

Judges

• Before WIDENER, MURNAGHAN, and NIEMEYER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  James Peeler Smith, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, NC;  Elizabeth E. McConnell, Northup & McConnell, P.L.L.C., Asheville, NC, for Appellants.   Bruce William Berger, Pipkin, Knott, Clark & Berger, Raleigh, NC, for Appellee.   ON BRIEF:  Michael F. Easley, North Carolina Attorney General, Christine Marion Ryan, Assistant Attorney General, North Carolina Department of Justice, Raleigh, NC;  Isaac N. Northup, Anna R. Hamrick, Northup & McConnell, P.L.L.C., Asheville, NC;  Renee B. Crawford, Yates, McLamb & Weyher, L.L.P., Raleigh, NC, for Appellants.  Joe Thomas Knott, III, Pipkin, Knott, Clark & Berger, Raleigh, NC, for Appellee.