United States Fourth Circuit

In plaintiffs' 42 U.S.C. section 1983 action against a police officer and others for the fatal shooting of an optometrist, whom the police were investigating for felony gambling offenses, the parties' appeals are dismissed in their entirety where: 1) the order of the district court denying qualified immunity to officer-defendant is not immediately appealable because the district court merely determined that genuine disputes of material fact existed, a determination not subject to interlocutory appeal; and 2) under the circumstances, the court of appeal declines to exercise jurisdiction over the plaintiffs' cross-appeal pursuant to the Rule 54(b) certification order entered by the district court.

Appellate Information

• Argued 10/28/2009
• Decided 02/22/2010
• Published 02/22/2010

Judges

• Before KING, SHEDD, and DAVIS, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:David John Fudala, Surovell, Markle, Isaacs & Levy, Fairfax, Virginia, for Deval Bullock, Officer, individually and in his official capacity as Fairfax County Police Officer. Michael S. Lieberman, Dimuroginsberg, PC, Alexandria, Virginia, for Salvatore J. Culosi, personally and as personal representative and administrator of the estate of Dr. Salvatore J. Culosi, deceased, and Anita L. Culosi, personally and as personal representative and administrator of the estate of Dr. Salvatore J. Culosi. Ann Gouldin Killalea, County Attorney's Office, Fairfax, Virginia, for Fairfax County, Virginia, James Kellam, individually and in his official capacity, and David M. Rohrer, Colonel, in his official capacity as Chief of Police. ON BRIEF:Bernard J. DiMuro, Dimuroginsberg, PC, Alexandria, Virginia, for Salvatore J. Culosi, personally and as personal representative and administrator of the estate of Dr. Salvatore J. Culosi, deceased, and Anita L. Culosi, personally and as personal representative and administrator of the estate of Dr. Salvatore J. Culosi. David P. Bobzien, County Attorney, County Attorney's Office, Fairfax, Virginia, for Fairfax County, Virginia, James Kellam, individually and in his official capacity, and David M. Rohrer, Colonel, in his official capacity as Chief of Police.