Larry Pair v. Paul Burroughs
695 F. App'x 62
| 4th Cir. | 2017Background
- Plaintiffs: Prince George County officers Burroughs, Wilder, and Mann appealed denial in part of their motion for summary judgment on qualified immunity grounds in an excessive-force suit brought by Larry Pair.
- District court found genuine disputes of material fact about the amount of force, identity of officers who kneed/pushed Pair, whether Pair had visible weapons, and whether he suffered lasting injury.
- Because factual disputes remained, the district court denied summary judgment on three claims, concluding a jury could find excessive force.
- Appellants argued Pair lacked sufficient evidence to identify which officers used force and that their conduct was reasonable under the circumstances.
- Pair cross-appealed the district court’s grant of summary judgment to some defendants; the district court’s orders did not resolve all claims between the parties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of qualified immunity was immediately appealable | Pair’s evidence created factual disputes precluding immunity | Officers argue denial was a legal error and should be appealable now | Denial not immediately appealable because it rested on disputed facts requiring jury resolution |
| Whether Pair’s cross-appeal of partial summary judgment is appealable | Challenge to district court’s grants of summary judgment | Defendants contend order is interlocutory, not final | Cross-appeal dismissed as interlocutory because not all claims resolved |
Key Cases Cited
- Mitchell v. Forsyth, 472 U.S. 511 (Sup. Ct. 1985) (denial of qualified immunity can be immediately appealed in some circumstances)
- Johnson v. Jones, 515 U.S. 304 (Sup. Ct. 1995) (appeal permitted only when denial rests on purely legal question, not evidentiary sufficiency)
- Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (Sup. Ct. 1949) (limits on appellate jurisdiction over interlocutory orders)
- Winfield v. Bass, 106 F.3d 525 (4th Cir. 1997) (distinguishes legal versus factual determinations in qualified immunity appeals)
- Culosi v. Bullock, 596 F.3d 195 (4th Cir. 2010) (denial of immunity based on existence of genuine factual disputes is not immediately appealable)
- Fox v. Balt. City Police Dep’t, 201 F.3d 526 (4th Cir. 2000) (final judgment rule bars appeals that do not resolve all claims)
- Iko v. Shreve, 535 F.3d 225 (4th Cir. 2008) (denial of summary judgment where material factual disputes remain is not immediately appealable)