Tettus Davis, et ux. v. Jonathon Hodgkiss

In a 42 U.S.C. § 1983 lawsuit alleging a Franks v. Delaware violation of the Fourth Amendment, where the plaintiff has made at least one substantial preliminary showing of false information, does the availability of “false in one, false in all” necessitate a civil jury to determine which other facts of the subject affidavit are also false before a judicial determination on the issue of probable cause is appropriate?

In a 42 U.S.C. § 1983 lawsuit alleging a Franks v. Delaware, 438 U.S. 154, 98 S. Ct. 2674, 57 L. Ed. 667

violation of the Fourth Amendment, when a Defendant’s summary judgment motion is denied upon the District Court’s findings that there is an issue of material fact as to whether the Defendant recklessly, knowingly, or intentionally made a material misstatement in a search warrant affidavit, should a Court of Appeals take and decide an interlocutory appeal on the order on the summary judgment or should the Court of Appeals decline to take this matter on interlocutory appeal, in accordance with Johnson v. Jones, 515 U.S. 304 at 309-12 (1995) and summary judgment be denied without activating the qualified immunity exception to 28 U.S.C. § 1291?