Andrew Burningham, et al. v. John Morrison Raines, III, Guardian of the Estate of John Morrison Raines, IV

John Raines stabbed his roommate, who fled to a closet and summoned police. Officers Burningham, Burroughs, and Culliford held Raines at gunpoint outside the building, as he refused commands to drop the knife, instead waving it wildly back and forth. As an officer with a video equipped Taser drew within 10 to 12 feet of him, Raines, still waving the knife, moved towards the officer, prompting the other officers to fire, wounding Raines. Finding that the Taser video of the incident was “inconclusive,” as differing inferences could be drawn from its contents, the Eighth Circuit dismissed the officers’ appeal of the denial of summary judgment on qualified immunity for lack of jurisdiction under Johnson v. Jones, 515 U.S. 304 (1995). The questions presented by this petition are:

1. Does Johnson v. Jones, 515 U.S. 304 (1995) foreclose interlocutory appeal of an order denying summary judgment on qualified immunity, where the underlying evidentiary fact is undisputed, but where different inferences may be drawn from the particular fact, or do such disputes concern evaluation of the materiality of a particular fact, which, under Anderson v. Liberty Lobby, Inc., 477 U.S. 242

2. is a legal issue, and therefore subject to interlocutory appeal under Mitchell v. Forsyth, 472 U.S. 511 (1985)?

3. Did the Eighth Circuit improperly depart from this Court’s decision in Kisela v. Hughes, __ U.S. __, 138 S. Ct. 1148 (2018) (per curiam)