Thomas v. Durastanti

PAUL KELLY, JR. Circuit Judge.

In this interlocutory appeal, Defendant-Appellant John Durastanti, an agent with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), appeals the district court’s decision denying him qualified immunity from Plaintiff-Appellee Ricky Lee Thomas’ claim that Agent Durastanti violated Mr. Thomas’ Fourth Amendment right to be free from unreasonable seizures when Agent Durastanti shot Mr. Thomas. In an interlocutory appeal from the denial of qualified immunity, this court’s jurisdiction is limited to consid*659ering only legal questions. With that in…