Greg Moore v. Sean Garnand, 83 F.4th 743 (2023)

Citation: Greg Moore v. Sean Garnand, 83 F.4th 743 (2023)
Parent Document: Greg Moore v. Sean Garnand, 83 F.4th 743 (2023)
Jurisdiction: United States (federal)
Effective Date: 2023-09-29
Original Source: https://www.courtlistener.com/opinion/9429207/greg-moore-v-sean-garnand/ ↗

Full Text

1,189 chars

immunity to the burdens of discovery the officers might
possess.” Id.; see also Behrens v. Pelletier, 516 U.S. 299,
308 (1996) (holding that qualified immunity gives
government officials a right “not merely to avoid standing
trial, but also to avoid the burdens of such pretrial matters as
discovery” (internal quotation marks and emphasis omitted)
(quoting Mitchell v. Forsyth, 472 U.S. 511, 526 (1985)));
Moss v. U.S. Secret Serv., 572 F.3d 962, 973 (9th Cir. 2009)
(“[A]n order clearing the way for burdensome pre-trial
discovery obligations renders the denial of immunity
effectively unreviewable on appeal from final judgment—
immunity from suit is of no use at that late stage.”).
    Under Ganwich, we have jurisdiction to consider purely
legal qualified immunity questions when, as here, the district
court denies the qualified immunity motion (thereby forcing
defendants to undergo burdensome discovery) but leaves the
issue open for reconsideration.7
    Plaintiffs contend that Ganwich is distinguishable
because it did not involve a denial of qualified immunity
based on the district court’s perceived need for further
discovery. Under the circumstances, we do not view this as

Other Sections in This Document (42)

Full Text