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/ ↗

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a material distinction. The district court’s determination that
Plaintiffs should have the opportunity to conduct further
discovery under Rule 56(d) does not affect our ability to
accept as true Plaintiffs’ version of the facts and apply the
qualified immunity legal standards to those facts.8 See KRL,
384 F.3d at 1117 (holding that we could decide qualified
immunity as a matter of law, even though the district court’s
denial was based on a perceived need for more discovery).
And our underlying rationale in Ganwich for finding
jurisdiction—that “[f]orcing the defendant officers to
undergo discovery, without the possibility of appeal to us,
would erode any qualified immunity to the burdens of
discovery the officers might possess,” 319 F.3d at 1119—
applies with equal force here, as the district court’s order
denying summary judgment subjected Defendants to
unlimited discovery.
    In sum, accepting as true Plaintiffs’ version of the facts,
we have jurisdiction to consider whether Defendants are
entitled to qualified immunity because Plaintiffs’ First
Amendment rights were not clearly established at the time.
See Ames, 846 F.3d at 347.
               III. STANDARD OF REVIEW
    We review de novo a district court’s denial of qualified
immunity. Ames, 846 F.3d at 347. We “assume the version
of the facts asserted by the nonmoving party.” Moss, 572
F.3d at 973.

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