Fagon v. Kiely

No. 23-7987 (2d Cir.)

In short—we won.

In a shocking display of violence and brutality, five New Britain police officers shot 28 rounds at a young Black man as he was trying to flee arrest in a car. Two rounds hit him in the head and neck. He died. The district court denied the officers' request for qualified immunity, but they took an immediate appeal to the Second Circuit. We handled the appeal. The Second Circuit agreed with our argument that it lacked jurisdiction and dismissed the officers’ appeal.

Decision

We won! The Second Circuit accepted our argument that the officer’s appeal was beyond the limits of interlocutory appellate jurisdiction. It dismissed their appeal, and the case is now set to go to trial.