Luisa A. De Abadia v. Hon. Luis Izquierdo Mora

This appeal presents two separate issues: (1) whether this court has jurisdiction to entertain this appeal, and if it does, (2) whether appellants are entitled to qualified immunity from suit. Because I cannot in good conscience agree that this court has either appellate jurisdiction over this controversy, or that appellants have a valid claim to immunity, I respectfully dissent.

I. Appealability

The issues presented by the appealability question are twofold. The first is raised by reason of the nature of the action taken by the district court, which was a denial of a summary judgment motion on…