121931P.pdf   09/10/2013  Charles Mitchell  v.  Josh Shearrer
   U.S. Court of Appeals Case No:  12-1931
                          and No:  12-2058
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and Gruender, 
   Circuit Judge] 
   Civil case - Civil rights. The court did not have jurisdiction to review 
   the district court's grant of summary judgment to two defendant police 
   officers based on qualified immunity as the district court has not issued 
   a final judgment in the case and the collateral order doctrine does not 
   apply when a party complains that the district court should not have 
   granted summary judgment based on qualified immunity; a jury could find 
   plaintiff was in his home at the time defendant Shearrer began to 
   effectuate plaintiff's arrest and plaintiff has set forth sufficient facts 
   to show a violation of his Fourth Amendment right to be free from 
   unreasonable searches and seizures; a reasonable officer would have know 
   that at the time plaintiff tried to close his front door he stood within 
   his home and could not be pulled therefrom and placed under arrest absent 
   exigent circumstances.