Deborah Audra Skousen v. Brighton High School, Paul Rambo, a Michigan State Trooper

OPINION

BATCHELDER, Circuit Judge.

Paul Rambo, the only remaining defendant in this action, appeals the district court’s denial of his motion for summary judgment on qualified immunity grounds on the plaintiffs claims of illegal search and seizure in violation of the Fourth Amendment and malicious prosecution brought pursuant to 42 U.S.C. § 1983. The district court denied the motion solely because discovery was not yet complete. We now conclude that the district court erred in denying the motion, both because the defense of qualified immunity is a threshold question, which, if properly raised…