Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)

Citation: Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Parent Document: Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Jurisdiction: United States (federal)
Effective Date: 1998-12-02
Original Source: https://www.courtlistener.com/opinion/73387/gonzalez-v-lee-county-housing-authority/ ↗

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This court lacks interlocutory jurisdiction to review a district court’s denial of summary judgment where the moving party appeals based solely on the argument that the district court erred in evaluating eviden-tiary sufficiency. See Cottrell v. Caldwell, 85 F.3d 1480, 1484 (11th Cir.1996) (citing Johnson v. Jones, 515 U.S. 304, 313, 115 S.Ct. 2151, 2156, 132 L.Ed.2d 238 (1995)). We do have interlocutory jurisdiction to review the denial of summary judgment in qualified immunity cases, however, where our review requires a determination of the clearly established law that existed at the time of the allegedly unlawful acts. See Cottrell, 85 F.3d at 1484 (citing Mitchell v. Forsyth, 472 U.S. 511, 528, 105 S.Ct. 2806, 2816, 86 L.Ed.2d 411 (1985)). In the latter case, we have jurisdiction even if the district court, as it did here, simply ruled that “issues of material fact” precluded summary judgment. See Cottrell, 85 F.3d at 1484-85 (citing Behrens v. Pelletier, 516 U.S. 299, 304, 116 S.Ct. 834, 838, 133 L.Ed.2d 773 (1996)). B.

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