Case Information
*2 Before LOKEN, HEANEY, and, BYE, Circuit Judges.
___________
HEANEY, Circuit Judge.
Larry Norris, Director of the Arkansas Department of Corrections (ADC); David Guntharp, acting Deputy Director of the ADC; Larry May, Warden of ADC's North Central Unit (Unit); John Belkins, Assistant Warden of the Unit; and security officers Robert Perry; Bill Killian; David Beatty; and Jackie Goggins appeal from the district court's [1] partial denial of summary judgment in their favor in a lawsuit filed by Arkansas inmate Ben Krein. The sole issue on appeal is whether the district erred in rejecting defendants' qualified immunity defense to Krein's inadequate security claim. Because *3 the district court's order adopting the magistrate's [2] report recommending denial of summary judgment on the merits was not a ruling on appellants' qualified immunity defense, we lack jurisdiction under 28 U.S.C. § 1291 to consider this appeal and remand for further proceedings in the district court.
I. BACKGROUND
This interlocutory appeal stems from a civil suit filed by Krein after he was injured in an attack by a fellow inmate. Krein brought suit under 42 U.S.C. § 1983 and the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution against various officials and staff directly employed by the ADC. In his amended complaint, Krein claimed that defendants violated his rights by failing to maintain adequate security within the prison and by failing to provide him with medical treatment.
While Plaintiff 0 s motion to extend the discovery deadline was apparently pending, defendants filed a motion for summary judgment arguing, in relevant part, that they were entitled to qualified immunity. In their supporting brief, defendants conceded that Krein had "stated a valid constitutional right for purposed [sic] of determining whether the defendants are entitled to qualified immunity." (Appellants’ Appendix at 23). They also acknowledged that "[c]learly established law states that plaintiff has a right to be free from being incarcerated under conditions posing a serious risk of harm." (Appellant's Appendix at 24).
The magistrate judge's report recommended, inter alia, that the defendants' motion be granted with respect to Krein's medical treatment claim against them. With respect to Krein's inadequate security claim, however, the magistrate recommended that defendants' motion be denied, concluding that a genuine issue of material fact rendered *4 summary judgment on the merits inappropriate as to defendants Norris, Guntharp, May, Belkins, Perry, Killian, Beatty, and Goggins. Separately, the magistrate specifically addressed defendants' qualified immunity defense in the context of the inadequate security claim:
With respect to defendants' claim that they are protected from liability by qualified immunity, the Court disagrees at this point. Defendants claim that plaintiff fails to allege a proper constitutional violation, and that since defendants were unaware of danger posed by inmate Pruett, that their conduct did not violate any clearly established right. However, while the Court earlier acknowledged the fact that no one anticipated harm from that particular inmate directed toward plaintiff, a material dispute of fact exists concerning whether defendants should have been aware based on Pruett's violent history and recent disciplinary conviction, and whether certain court-mandated staffing numbers were disregarded. Therefore, in light of this dispute, the Court is unable to determine, at this juncture that defendants' conduct did not violate plaintiff's clearly-established right to remain free from harm.
Krein v. Norris, No. 98-CV-00124-HLJ, slip op. at 5 (E.D. Ark. May 9, 2000) (Proposed Findings and Recommendation) (emphasis added). The district court adopted the magistrate's report and recommendation and denied defendants' motion with respect to Krein's inadequate security claim. The defendants now appeal.
II. DISCUSSION
In this case, the parties assume that the district court denied defendants' claim
of qualified immunity as to Krein's inadequate security claim. A review of the record
reveals, however, that the court did not decide the question of a qualified immunity
defense to that claim. Because the district court did not deny qualified immunity, we
may lack jurisdiction over this interlocutory appeal. Appellee Krein has raised the
issue of our jurisdiction over this appeal, but not for this particular reason. Although
*5
the parties have not raised this particular issue, "every federal appellate court has a
special obligation to consider its own jurisdiction. In fact, jurisdiction issues will be
raised sua sponte by a federal court when there is an indication that jurisdiction is
lacking, even if the parties concede the issue." Thomas v. Bashim
In resolving this issue we first determine whether the district court's order
contains a specific, final decision that conclusively denies to appellants the defense of
qualified immunity. The general rule is that courts of appeals may hear appeals from
"final decisions" of federal district courts. 28 U.S.C. § 1291. Usually, a denial of
summary judgment is not treated as final and cannot be appealed until the conclusion
of the case on the merits because "[t]he requirement of finality precludes consideration
of decisions that are subject to revision, and even of 'fully consummated decisions [that]
are but steps towards final judgment in which they will merge.'" Behrens v. Pelletier,
Under the collateral order doctrine, an otherwise non-final order is deemed final
for purposes of appeal only if the order "(1) conclusively determine[s] the disputed
question, (2) resolve[s] an important issue completely separate from the merits of the
action, and (3) [is] effectively unreviewable on appeal from a final judgment." Puerto
Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc.,
[a]lthough interlocutory appeals are generally not allowed, a denial of a
claim of qualified immunity is immediately appealable. Mitchell v.
*6
Forsyth,
See also Washington v. Wilson,
Similarly, our review of the record provides no reason to infer that the district court intended to postpone or otherwise refuse to rule on the issue of defendants' qualified immunity defense until trial. In Craft, we determined that the district court's denial of defendants' motion for summary judgment constituted an implied refusal to rule prior to trial. We observed that a reference to "the plaintiff's day in court" in the district court's opinion signaled an intention not to decide the immunity issue before trial. Id. at 173. Here, we find nothing suggesting any such intention on the part of the district court.
We are mindful of the fact that the Supreme Court has repeatedly emphasized
that qualified immunity should be determined at the earliest possible stage in litigation.
See, e.g., Hunter v. Bryant,
Arnott v. Mataya,
Overall, we are satisfied that the record before us evinces neither the need, nor
the opportunity, to read into the proceedings any kind of an implied denial of the
qualified immunity defense as having been incorporated into the order denying
defendants of summary judgment on the merits. As such, we do not find in the district
court's order a final decision -- express or implied -- conclusively deciding the qualified
immunity question. Additionally, to conclude that the proceedings below constituted
a refusal or impermissible postponement in ruling on the issue would be untenable
against the record on its face. Under the present circumstances, remanding the issue
for timely resolution is appropriate. See Robinson v. Mericle,
III. CONCLUSION
Because there has been no decision, conclusive or otherwise, rendered below on the disputed question of qualified immunity, the defendants’ appeal is premature. Accordingly, we remand to the district court for further proceedings.
A true copy.
Attest:
CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
Notes
[1] The Honorable Susan W. Wright, United States District Court Chief Judge for the Eastern District of Arkansas.
[2] The Honorable Henry L. Jones, Jr., United States Magistrate Judge for the Eastern District of Arkansas.