What jurisdiction does the Court have over a motion to dismiss on qualified immunity grounds?
MultiRegion, United States of America
The following excerpt is from Jurkowitsch v. Choudhury, 16-48-cv (2nd Cir. 2016):
We have jurisdiction over this appeal from the district court's denial of a motion to dismiss on qualified immunity grounds because such a denial, so long as it turns on an issue of law, qualifies as a final reviewable order. Garcia v. Does, 779 F.3d 84, 91 (2d Cir. 2014). We review de novo, accepting all allegations in the complaint as true and drawing all inferences in the plaintiff's favor. Id.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
Does the Court-ordered dismissal of a motion for contempt of court apply to appeal against the motion to dismiss the motion? (MultiRegion, United States of America)
If a motion is brought before the Superior Court of Justice in the absence of a motion before the Court of Appeal, and the motion has been adjourned for a second time, is there an instance where this court should take jurisdiction? (MultiRegion, United States of America)
Does the Court have jurisdiction to hear a motion denying a motion to dismiss for lack of subject matter jurisdiction? (MultiRegion, United States of America)
What are some cases where the US Supreme Court has ruled in favour of a motion for a motion to dismiss a motion that would have prevented the use of the word "brawer" in the context of the Brawer case? (MultiRegion, United States of America)
What is the difference between a Motion to Dismiss on the eve of trial and a motion to dismiss on the grounds of speedy trial? (MultiRegion, United States of America)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
In what circumstances will the US Supreme Court refuse to grant a motion to dismiss a motion for contempt of court when there are circumstances that would otherwise result in a miscarriage of justice? (MultiRegion, United States of America)
Can a motion to dismiss be dismissed on the grounds that a pro se party made factual allegations in his papers opposing the motion? (MultiRegion, United States of America)
Does the District Court have jurisdiction to hear a motion to Dismiss on Double Jeopardy Grounds? (MultiRegion, United States of America)
