Aaron v. Shelley
| Citation | 624 F.3d 882 |
| Decision Date | 12 November 2010 |
| Docket Number | No. 09-3554.,09-3554. |
| Parties | Rizelle AARON, Plaintiff-Appellee, v. William SHELLEY; Gregory Rozenski, individually and in their official capacities as police officers, Defendants-Appellants. |
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
OPINION TEXT STARTS HERE
John Lennon Wilkerson, argued, North Little Rock, AR, for appellant.
Edward G. Adcock, argued, Little Rock, AR, for appellee.
Before LOKEN, HANSEN, and BENTON, Circuit Judges.
Rizelle Aaron, a part time police officer for the City of England, Arkansas, who was no longer being paid due to budget cuts, saw what he believed to be four individuals engaged in a drug deal in a park in the City of Jacksonville, where his children played. Aaron approached and forcefully told the four individuals to produce the drugs. They produced crack cocaine, a small amount of marijuana, and four Vicodin pills. Aaron obtained their names, addresses, and phone numbers; called to request that Jacksonville police come to the park; and flagged down the passing car of a Pulaski County Deputy Sheriff. Jacksonville police quickly came to the scene. After an investigation, the details of which are clouded by material fact disputes, the Jacksonville officers allowed the suspected drug offenders-described in the ensuing police reports as “victims”-to leave without being charged. The police then arrested Aaron for impersonating a police officer, and for false imprisonment and terroristic threatening of the suspected drug offenders. A few days later, Jacksonville police received a letter from the City of England confirming that Aaron was a part time police officer, as he had told them at the scene. All charges against Aaron were subsequently nolle prossed.
Aaron then commenced this damage action under 42 U.S.C. § 1983 against Jacksonville police officers William Shelley and Gregory Rozenski in their individual and official capacities, and the City of Jacksonville. Defendants moved for summary judgment. The district court 1 dismissed the claims against the City and the official capacity claims against the police officers but denied the officers qualified immunity on Aaron's Fourth Amendment individual capacity claims that he was arrested without probable cause. Aaron v. Shelley, 696 F.Supp.2d 1000 (E.D.Ark.2009). The officers appeal, arguing they are entitled to qualified immunity as a matter of law because their versions of the disputed facts show they had arguable probable cause to arrest. Like the district court, we must construe the facts in the light most favorable to Aaron. Walker v. City of Pine Bluff, 414 F.3d 989, 991 (8th Cir.2005).
An interlocutory order denying qualified immunity is immediately appealable “to the extent that it turns on an issue of law.” Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). If the order turns on issues of fact, rather than an “abstract issue of law,” we...
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Walton v. Dawson
...parties agree on the law but disagree about the facts, there is no issue for us to decide on an interlocutory appeal. SeeAaron v. Shelley, 624 F.3d 882, 884 (8th Cir.2010). Applying these principles to this case, we have no jurisdiction at this juncture to decide whether “the district court......
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New v. Denver
...appealable collateral order. See Johnson v. Jones, 515 U.S. 304, 313, 115 S.Ct. 2151, 132 L.Ed.2d 238 (1995) ; Aaron v. Shelley, 624 F.3d 882, 884 (8th Cir.2010). New argues we lack jurisdiction in this case because the district court's ruling was based upon a genuine issue of material fact......
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Walton v. Dawson
...agree on the law but disagree about the facts, there is no issue for us to decide on an interlocutory appeal. See Aaron v. Shelley, 624 F.3d 882, 884 (8th Cir. 2010). Applying these principles to this case, we have no jurisdiction at this juncture to decide whether "the district court's det......
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Solomon v. Petray
...is immediately appealable if it turns on a question of law, meaning the application of qualified immunity principles. Aaron v. Shelley, 624 F.3d 882, 883–84 (8th Cir.2010). Thus, we have jurisdiction to review the merits of an appeal when a defendant “principally challenges the district cou......