Robert Stewart v. Donald Donges

EBEL, Circuit Judge.

This case presents the question of whether the filing of an interlocutory appeal from the denial of defendant’s motion for summary judgment based on qualified immunity divests the district court of jurisdiction in the absence of a determination by the district court that the appeal is either frivolous or dilatory. We hold that it does, and because there was no such determination by the district court, it lacked jurisdiction to proceed to trial in this matter as it did. We therefore vacate the district court’s judgment in favor of plaintiff. Defendant also has by separate…