United States Seventh Circuit

Denial of defendants' motion for summary judgment on the basis of official immunity in a 42 U.S.C. section 1983 suit alleging intimidation of prison guards who stood up for prisoners' rights is dismissed for lack of jurisdiction where public officials cannot use a motion for summary judgment in order to reopen the time to take an interlocutory appeal from an order declining to dismiss the complaint.

Appellate Information

• Argued 11/07/2006
• Decided 12/21/2006
• Published 12/21/2006

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and POSNER and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Paul A. Castiglione, Office of the Cook County States Attorney, Chicago, IL, for Amicus Curiae, Richard A. Devine, Michael A. Scodro, Office of the Attorney General, Chicago, IL, for Amicus Curiae, State of Illinois, Benna R. Solomon, Office of the Corporation Counsel, Appeals Division, Chicago, IL, for Amicus Curiae, City of Chicago


• For Appellees:
  
• Matthew J. Piers, Hughes Socol Piers Resnick & Dym, Chicago, IL, for Plaintiffs-Appellees., Daniel Patrick Duffy, Peterson, Johnson & Murray, Chicago, IL, for Defendants-Appellants.