United States Sixth Circuit

In a civil rights action in which defendants are denied qualified immunity by the district court, the circuit court lacks jurisdiction to hear an interlocutory appeal of such denial under the exception carved out in Mitchell v. Forsyth, 472 U.S. 511 (1985), in circumstances where the defendants have not accompanied their assertion of qualified immunity with a motion to dismiss or for summary judgment.

Appellate Information

• Decided 08/10/2007
• Published 08/10/2007

Judges

• Before: MARTIN and SUTTON, Circuit Judges;  GRAHAM, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:James T. Farrell, Ann M. Sherman, Office of the Attorney General, Lansing, Michigan, for Appellants.  Christopher J. Trainor, Trainor & Associates, White Lake, Michigan, for Appellees.