Jefferson v. Ysleta Independent School District

POLITZ, Circuit Judge:

In this 42 U.S.C. § 1983 case the district court denied defendants’ Fed.R.Civ.P. 12(b)(6) motion to dismiss based on the plaintiffs’ failure to state a claim upon which relief could be granted and the defendants’ plea of qualified immunity. Because it poses solely a question of law, the ruling on qualified immunity is appealable, Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1986). Finding that the pleadings allege conduct which “violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known,” Harlow…