Taylor v. Carter

HENRY WOODS, District Judge.

Officials of the City of Pagedale, Missouri, appeal the district court’s1 denial of their motion to dismiss on the ground of qualified immunity. The appellee contends that the appeal was not timely filed because the appellants failed to appeal the district court’s earlier denial of two virtually identical motions. We find that the appeal was not timely taken and, therefore, do not reach the merits of the appellants’ qualified immunity defense.

In June, 1989, the defendant city officials filed their first motion to dismiss claims against them in their individual…