Court of Appeals for the Second Circuit February 5, 2004, No. 02-9206(L), 02-9208(CON) (Timmins v. Toto)

SUMMARY ORDER

Familiarity with the facts, the procedural context, and the issues on appeal are assumed.

We have jurisdiction to hear this appeal. “[A] district court’s denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable ‘final decision’.... ” Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985).