Kenyon v. Edwards

BEAM, Circuit Judge, with whom RILEY, Circuit Judge, joins,

dissenting.

Before this en banc panel is defendant’s motion to reconsider the court’s order dated January 18, 2007, affirming, “by vote of an equally divided court” a district court order concerning defendant’s right to qualified immunity. This en banc affirmance, by its adoption of a district court order that (1) failed to rule on defendant’s timely motion for qualified immunity and (2) made qualified immunity a question of fact, erroneously denies Officer Edwards’ well-established qualified immunity protections, in clear violation of…