Tosun Fitil v. Justyn Riley

Summary

The court held that it had jurisdiction to review the denial of qualified immunity on the Fourth Amendment claim, but not the First Amendment claim because the district court had not addressed qualified immunity for that claim. On the Fourth Amendment claim, the court concluded that Officer Riley was entitled to qualified immunity because, under the plaintiff-friendly facts, existing law did not clearly establish that throwing a flashbang during crowd dispersal constituted an unreasonable seizure. The court reversed the denial of qualified immunity on the Fourth Amendment claim, dismissed the remainder of the appeal, and remanded for further proceedings.