United States Seventh Circuit

In a 42 U.S.C. section 1983 suit seeking civil damages from police officers who shot and killed plaintiff's dog, interlocutory appeal of denial of summary judgment for defendants on the basis of qualified immunity is dismissed where interlocutory appeal was proper only when the issue appealed concerned not which facts the parties might be able to prove, but rather whether or not those facts showed a violation of clearly established law.

Appellate Information

• Decided 10/27/2008
• Published 10/27/2008

Judges

• CUDAHY, Circuit Judge., Before BAUER, CUDAHY and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Megan A. Senatori (argued), Attorney, Dewitt, Ross & Stevens, Madison, WI, for Plaintiff-Appellee., Susan E. Lappen (argued), Attorney, Milwaukee City Attorney's Office, Milwaukee, WI, for Defendants-Appellants.