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RUSH v. CITY OF PHILADELPHIA

No. 21-1298.

78 F.4th 610 (2023)

Brad RUSH, As Administrator of the Estate of Jeffrey Dennis, Deceased. v. CITY OF PHILADELPHIA; Officer Richard Nicoletti, In his individual and official capacity, Officer Richard Nicoletti, Appellant.

United States Court of Appeals, Third Circuit.

Argued March 13, 2023.

Attorney(s) appearing for the Case

Shane Haselbarth [ARGUED], Marshall Dennehey Warner Coleman & Goggin, 2000 Market Street, Suite 2300, Philadelphia, PA 19103, Counsel for Appellant Officer Richard Nicoletti.

James P. Davy [ARGUED], All Rise Trial & Appellate, 1602 Frankford Ave., P.O. Box 15216, Philadelphia, PA 19125, John J. Coyle , McEldrew Purtell, 123 South Broad Street, Suite 2250, Philadelphia, PA 19109, Counsel for Appellee Brad Rush.

Craig R. Gottlieb , City of Philadelphia Law Department, 1515 Arch Street, 17th Floor, Philadelphia, PA 19102, Counsel for Appellee City of Philadelphia.

Before RESTREPO, AMBRO, and FUENTES, Circuit Judges.

OPINION OF THE COURT

As a reviewing court, we must often avoid the temptation to delve into factual inquiries that are beyond our ken. Our jurisdictional rules require us to exercise such restraint in reviewing this interlocutory appeal, taken from the denial of qualified immunity to a Philadelphia Police officer...

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