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BERRYMAN v. RIEGER

No. 96-2337.

150 F.3d 561 (1998)

Philip BERRYMAN, Plaintiff-Appellee, v. Dean RIEGER, C. Kukla, Diane Holzheuer, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 6, 1998.

Attorney(s) appearing for the Case

Philip W. Berryman, pro se.

John B. Payne (argued and briefed), Dearborn, Michigan, for Plaintiff-Appellee.

Linda M. Olivieri (argued and briefed), Office of the Attorney General, Corrections Division, Lansing, Michigan, for Defendants-Appellants.

Before: MERRITT, NORRIS, and WALLACE, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

In yet another in a long line of § 1983, interlocutory, qualified immunity appeals raising factual issues, we must first decide whether we have appellate jurisdiction. This depends on whether there is a pure issue of constitutional tort law to be determined separable from the factual issues. The District Court denied qualified immunity to a prison doctor and two nurses sued by the plaintiff, who claims that the defendants...

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