City of Sandpoint, Idaho, et al. v. Dana Maddox, on Behalf of Minor Children D. M. and D. M., et al.

Does the Ninth Circuit Panel’s refusal to hear these petitioning police officers’ interlocutory appeal on their claim of qualified immunity deny them the appellate remedy to which they are entitled under the decisions of this Court and does this refusal constitute a denial of due process?

Is the Panel’s inexplicable, arbitrary resort to waiver and forfeiture to deny jurisdiction to hear this interlocutory appeal at odds with its duty to carry out a de novo review of the summary judgment record, causing a jurisdictional ambush which without notice unfairly denies petitioners their right to a timely review of their claim of qualified immunity?