Felix Booker v. Michael Lapaglia

KAREN NELSON MOORE, Circuit

Judge, dissenting.

The majority takes the indefensible position that it is too difficult or cumbersome to review the district court’s order denying Defendant-Appellant Jerry Shelton qualified immunity. This conclusion is untenable because we are perfectly capable of evaluating the legal arguments presented from the mostly undisputed and limited record we have before us.1 Moreover, Shelton — the presumptive beneficiary of a more individualized analysis — has never requested that this court or any other court expand the analysis. He did not make such a request in his…