Lucas Peterson, et al. v. Walter Franklin, II, Trustee for the Estate of Terrance Terrell Franklin

Intractable conflict has arisen over the scope of the courts of appeals’ jurisdiction to consider interlocutory appeals from denials of qualified immunity under Johnson v. Jones, 515 U.S. 304 (1995):

1. Is there interlocutory appellate jurisdiction to review the district court’s assessment that disputed facts establish a triable question on a legal element essential to liability? For example, in this deadly force case, is there jurisdiction to consider the assessment that two assumed fact disputes establish a triable issue on whether it was reasonable to believe that the suspect posed a significant threat of death or serious bodily harm when he was shot?

2. And, more generally, is there interlocutory appellate jurisdiction to review the district court’s assessment that a fact dispute establishes a dispute on another fact that is not a legal element essential to liability? For example, in this case, is there jurisdiction to consider the assessment that the assumed dispute over whether a gun had blood on it establishes a dispute over whether the suspect was in possession of the gun when he was shot?