Taravella v. Town of Wolcott

I respectfully dissent. This is a straightforward qualified immunity case. In line with well-established Supreme Court and Circuit precedent, Mayor Thomas G. Dunn’s appeal from the District Court’s order denying summary judgment based on qualified immunity should be dismissed because the District Court found that material factual disputes preclude summary judgment.

I write to make two main points. First, I wish to call the Court’s attention to what appears to me to be a long-standing inconsistency in our case law. For years, our cases have described the qualified immunity analysis both as a…