Mark Lovell v. Clermont Cnty. Sheriff's Office

Summary

The Sixth Circuit dismissed the defendant officers' interlocutory appeal from the district court's denial of qualified immunity for lack of jurisdiction. Interlocutory review of such a denial is confined to purely legal questions, and the officers could invoke jurisdiction only by genuinely conceding Lovell's version of the facts or by showing that the district court's factual determinations were blatantly contradicted by the record. The court held the officers' concession was in name only because their briefing contested the very facts on which the district court relied, and the booking-area videos did not blatantly contradict the findings that Lovell was not actively resisting before the first use of force and did not charge an officer before the second.