CA6: Factual disputes deny appellate jurisdiction for excessive force qualified immunity appeal

There were disputes of fact on plaintiff’s excessive force claim that deprived this court of appellate jurisdiction over it. Harmon v. Hamilton County, 2017 U.S. App. LEXIS 497 (6th Cir. Jan. 9, 2017)*:

Three factors—also known as the Graham factors—inform this inquiry, although the factors are by no means exhaustive:

(1) the severity of the crime at issue,
(2) whether the suspect poses an immediate threat to the safety of the officers or others, and
(3) whether he is actively resisting arrest or attempting to evade arrest by flight.

Id. (citation omitted). “Ultimately, the court must determine ‘whether the totality of the circumstances justifies a particular sort of seizure.'” Id. (internal citation omitted).

We conclude that Defendants rely on disputed facts at every point in their argument on appeal, divesting this court of appellate jurisdiction over Plaintiffs’ excessive force claim. …