Guerrero v. Moore, 080411 FED4, 10-2177
|Opinion Judge:||PER CURIAM:|
|Party Name:||ESPERANZA GUERRERO, Plaintiff–Appellee, v. DAVID L. MOORE, in his official and individual capacity, Defendant-Appellant, and MARIA MUNGUIA; JUAN GUERRERO; JG, Minor; KG, Minor; JJG, Minor; MG, Minor, Plaintiffs, and CHARLIE T. DEANE, in his official capacity; LUIS POTES, in his official and individual capacity; ADAM HURLEY, in his official and indi|
|Attorney:||Angela L. Horan, County Attorney, Jeffrey Notz, Assistant County Attorney, Prince William, Virginia, for Appellant. Christina G. Sarchio, Haven G. Ward, Stephen A. Vaden, PATTON BOGGS LLP, Washington, DC; Cesar Perales, Diana Sen, Jose Perez, LATINO JUSTICE/PUERTO RICAN LEGAL DEFENSE FUND, New Yo...|
|Judge Panel:||Before MOTZ, KEENAN, and WYNN, Circuit Judges.|
|Case Date:||August 04, 2011|
|Court:||United States Courts of Appeals, Court of Appeals for the Fourth Circuit|
Submitted: July 18, 2011.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:09-cv-01313-JCC-TRJ).
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
Sergeant David L. Moore appeals the district court's partial denial of his motion for summary judgment on the basis of qualified immunity. We affirm.
"Qualified immunity protects government officials from liability for violations of constitutional rights that were not clearly established at the time of the challenged conduct." Witt v. W.Va. State Police, Troop 2, 633 F.3d 272, 275 (4th Cir. 2011) (internal quotation marks, brackets, and citations omitted). Qualified immunity "is an immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial." Mitchell v. Forsyth, 472 U.S. 511, 526 (1985). Thus, to the extent it turns on an issue of law, a district court's denial of a claim of qualified immunity is immediately appealable despite the...
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