United States Ninth Circuit

In a 42 U.S.C. section 1983 action, defendant's appeal from the denial of summary judgment on qualified immunity grounds is dismissed as moot where the trial already occurred and there was no longer any compelling reason for the court of appeals to deviate from the general rule preventing it from reviewing denials of summary judgment.

Appellate Information

• Decided 10/14/2009
• Published 10/14/2009

Judges

• Before:  MARY M. SCHROEDER and MARSHA S. BERZON, Circuit Judges, and LYLE E. STROM, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Todd H. Master, Redwood City, CA, for the defendant-appellant., M. Jeffery Kallis, Andrew V. Stearns, and Steven M. Berki, San Jose, CA, for the plaintiffs-appellees.