DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
164141P.pdf 03/05/2018 John Raines, III v. Andrew Burningham
U.S. Court of Appeals Case No: 16-4141
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Erickson, Author, with Chief Judge Smith and Kelly, Circuit
Judges]
Civil Case - civil rights. In this interlocutory appeal from the denial of
qualified immunity on question whether there was a genuine dispute as to
whether officers had probable cause to suspect that Raines posed a
significant threat of death or serious physical injury to others, this
court has authority to decide the purely legal issue of whether the facts
alleged are a violation of clearly established law, but not when the
denial is premised on a determination that the pretrial record sets forth
a genuine issue of fact for trial. Here, the court lacks jurisdiction to
determine the key factual question about whether Raines advanced on the
officer just before being shot. Appeal is dismissed for lack of
jurisdiction.