Bottari v. Fisher
Bottari v. Fisher
Opinion of the Court
SUMMARY ORDER
Defendants-Appellants David Fisher and Michael Stevenson (“police officers”) appeal from an order of the United States District Court for the Southern District of New York (Brieant, J.). The court denied the police officers’ motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 on grounds of qualified immunity because it found that genuine issues of material fact existed regarding the circumstances of the arrest of Plaintiff-Appellee Andrew Bottari (“Bottari”). The court therefore refused to dismiss Bottari’s claims for declaratory relief, damages and attorney’s fees arising out of the alleged violation of his federal and state constitutional rights. We assume the parties’ familiarity with the underlying facts, procedural history and issues on appeal.
We dismiss this appeal because we lack jurisdiction to hear it. The district court denied the motion because “the [parties’] different views of what took place and the facts ... [were] so great” that there was not “an adequate record ... to dismiss the case” on the basis of a “fact intensive” qualified immunity determination. (Hearing Tr. 6-7, May 16, 2008). Where, as here, the district court denies a summary
For this reason, the appeal of the district court’s judgment is DISMISSED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.