Ortiz v. Jordan
131 S. Ct. 884
| SCOTUS | 2011Background
- Ortiz, a former inmate, filed a § 1983 action alleging Eighth and Fourteenth Amendment injuries from two sexual assaults by a corrections officer and related retaliatory confinement.
- After the first assault, Ortiz reported it; Jordan allegedly failed to protect Ortiz from a second assault and advised minimal action.
- Following the second assault, Bright allegedly isolated Ortiz in solitary confinement in retaliation or to safeguard the investigation.
- The District Court denied Jordan and Bright’s summary judgment motion on qualified immunity; trial proceeded and Ortiz obtained verdicts against both officers.
- The Sixth Circuit reversed the denial of qualified immunity on appeal, holding the officials protected by immunity.
- The Supreme Court granted certiorari to resolve whether a party may appeal a denial of summary judgment after a full trial on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can a party appeal denial of summary judgment after a trial on the merits? | Ortiz/Pltff argued appeal is allowed under established precedent. | Jordan/Bright contended it is not appealable under final decisions rules. | No, such denial is not appealable as a final decision. |
| Does the pretrial record govern qualified-immunity review after trial if no Rule 50(b) motion was filed? | Evidence from trial could still support immunity denial. | Review should rely solely on pretrial record when no Rule 50(b) motion. | Trial record governs; lack of Rule 50(b) precludes appellate review of sufficiency. |
| Whether the court should review the sufficiency of the trial evidence for qualified immunity after trial? | Purely legal issues could be resolved from undisputed facts. | Issues depend on trial-record facts; not purely legal. | Not purely legal; requires evaluation of trial-record facts. |
Key Cases Cited
- Mitchell v. Forsyth, 472 U. S. 511 (1985) (limited exception to non-appealability for denial of summary judgment on immunity)
- Johnson v. Jones, 515 U. S. 304 (1995) (purely legal issues may be appealed; factual disputes preclude)
- Behrens v. Pelletier, 516 U. S. 299 (1996) (clear boundaries for qualified immunity and law prior to conduct)
- Farmer v. Brennan, 511 U. S. 825 (1994) (deliberate indifference standard for prisoner safety in custody)
- Crawford-El v. Britton, 523 U. S. 574 (1998) (First Amendment retaliation protections for prisoners)
- Cone v. West Virginia Pulp & Paper Co., 330 U. S. 212 (1947) (trial judge credibility and factual determination control after denial of summary judgment)
- Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc., 546 U. S. 394 (2006) (preserves the necessity of Rule 50 where trial occurs)
- Cohen v. Beneficial Industrial Loan Corp., 337 U. S. 541 (1949) (interlocutory appeal considerations for final judgments)