Appellate Practice
Feb. 25, 2011
Can Denial of Summary Judgment Based on Qualified Immunity Be Reviewed?
A U.S. Supreme Court ruling reinforces an important principle in issue preservation that no civil litigator should forget. By Margaret M. Grignon and David J. Bird of Reed Smith.
In Ortiz v. Jordan, 2011 DJDAR 1218 (Jan. 24), the U.S. Supreme Court unanimously held that a government official may not obtain appellate review of a district court order denying the official's motion for summary judgment based on a qualified immunity defense, after the court has conducted a full trial on the merits. The Supreme Court's decision resolves a split among the federal Courts of Appeals over thei...
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