Is there interlocutory jurisdiction to review a denial of a motion to dismiss?

We have interlocutory appellate jurisdiction to review the denial of a 12(b)(6) motion to dismiss as long as that review does not require the resolution of any controlling facts. See Behrens v. Pelletier, 516 U.S. 299, 305-07, 116 S.Ct. 834, 838-39, 133 L.Ed.2d 773 (1996). We can resolve this case simply by answering questions of law.

A district court's decision of qualified immunity in a 42 U.S.C. 1983 action is reviewed de novo. See Elder v. Holloway, 510 U.S. 510, 516, 114 S.Ct. 1019, 127 L.Ed.2d 344 (1994).