As a rule, a pretrial appeal of an order denying qualified immunity divests the district court of jurisdiction to proceed with trial; an exception exists when the district court certifies that the appeal is frivolous. Invoking this exception to the rule, the district court allowed the case to proceed to trial, and a jury found Wright liable for deprivation of appellee Joseph Padgett’s First Amendment rights.
The Ninth Circuit noted that while Wright could still appeal the jury’s finding that he had in fact violated Padgett’s constitutional rights, the prejudgment qualified immunity appeal was moot. See: Padgett v. Wright, 583 F. 3d 1217 (9th Cir. 2009).
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Related legal case
Padgett v. Wright
|Cite||583 F. 3d 1217 (9th Cir. 2009)|
|Level||Court of Appeals|