Armstrong v. Ashley
Armstrong v. Ashley
Opinion of the Court
Glenn Ford was wrongly convicted of murder and spent 30 years in solitary confinement on death row before being fully exonerated, with all charges dropped. Ford sued the Defendants-Appellants
Ford filed suit in March 2015. The operative First Amended Complaint was filed on September 8, 2015. Appellants answered the complaint on December 3, 2015, while other defendants in the initial lawsuit chose to instead move to dismiss under Federal Rule of Civil Procedure 12(b). Approximately three months later, on March 16, 2016, the Appellants filed a Rule 12(b)(6) motion to dismiss the case for failure to state a claim. Alternatively, they moved for the Appellee to add details to the allegations pursuant to Federal Rule of Civil Procedure 7(a).
The district court denied the Rule 12(b)(6) motion for being untimely on December 28, 2017.
I.
The first, and determinative, issue is that of appellate jurisdiction. The case comes before this court on interlocutory appeal. In deference to the district court and to district judges' responsibility *422to manage trials, interlocutory appeals are only allowed in limited circumstances because they disrupt the progress of a trial. Johnson v. Jones ,
"[A] decision ... is appealable if it falls within 'that small class which finally determine claims of right separable from, and collateral to, rights asserted in the action, too important to be denied review and too independent of the cause itself to require that appellate consideration be deferred until the whole case is adjudicated.' " Mitchell v. Forsyth ,
A decision on qualified immunity can be an appealable final decision, "but only to the extent that the appeal concerns the purely legal question whether the defendants are entitled to qualified immunity on the facts[.]" Kinney v. Weaver ,
II.
The Appellants filed a Rule 12(b)(6) motion to dismiss that included an assertion of qualified immunity. The Appellants argue that in denying the Rule 12(b)(6) motion, the district court made an appealable final legal decision on qualified immunity. The Appellants base this argument on a statement made by the district court regarding a possible alternative argument that the defendants did not raise in their motion - that the Rule 12(b)(6) motion should instead be considered a Rule 12(c) motion.
However, the district court specifically stated that it was making the decision on procedural grounds, rather than legal grounds: "Accordingly, the Law Enforcement Defendants' Rule 12(b)(6) Motion to Dismiss is DENIED as untimely." The decision therefore is not based on a legal evaluation of the Appellants' entitlement to qualified immunity. We take the district court at its word and decline to hold that the district court inadvertently made a final legal determination as to whether the Appellants are entitled to qualified immunity. Accordingly, we note that nothing in the district court's order bars the Appellants from asserting qualified immunity by appropriate, timely procedural vehicle in the future. See Kiser v. Garrett ,
III.
Because the district court's decision on the Rule 12(b)(6) motion was based on timing rather than a substantive legal disposition regarding qualified immunity, this court does not have jurisdiction to consider the appeal at this time. Therefore, we do not find it necessary to consider the alternative arguments presented by the Appellants. We DISMISS this appeal for lack of appellate jurisdiction.
Don Ashley, Gary Alderman, Gary Pittman, Everett T. Rushing, Billy Lockwood, Frank Datcher, Glynn Mitchell, and Rodney Price.
In contrast, the district court ruled on the merits for the Rule 12(b)(6) motions filed in a timely manner by the other defendants.
District courts may consider untimely Rule 12(b)(6) motions as Rule 12(c) motions (indeed they are sometimes encouraged to do so). See Delhomme v. Caremark Rx Inc. ,
Reference
- Full Case Name
- Andrea ARMSTRONG, of the Estate of Glen Ford v. Don ASHLEY Gary Alderman Gary Pittman Everett T. Rushing Billy Lockwood, Wrongly Identified as Estate of Billy Lockwood Frank Datcher Glynn Mitchell Rodney Price
- Cited By
- 18 cases
- Status
- Published