December 7, 2017
from the United States District Court for the Central
District of Illinois. No. 16-cv-1054 - Sara Darrow, Judge.
Bauer, Manion, and Sykes, Circuit Judges.
Manion, Circuit Judge.
Jackson spent time in custody on a wrongful murder
conviction. He sued Shawn Curry and Keith McDaniel, the
police officers who interrogated him, for coercing his
confession. The officers moved for dismissal on qualified
immunity. The district court denied that motion, and the
officers appeal. Lacking jurisdiction, we dismiss this
night of August 29, 2009, Clifford Harvey, Jr., and Easton
Eibeck walked through Peoria, Illinois. Eibeck was high. Four
men confronted Harvey and Eibeck. When one of the four
reached for his waistband, Harvey and Eibeck ran. Eibeck
heard a gunshot and kept running. The shooter killed Harvey.
At the scene, police found the body, bullet fragment, and a
screwdriver, but no weapon, shell casing, or eyewitness.
Eibeck could generally describe, but not positively identify,
the shooter to Curry the next day.
six months later, Curry conducted a photo line-up and Eibeck
identified Jackson. This led to Jackson's warrantless
arrest. He had consumed alcohol and drugs before his arrest.
Curry and McDaniel interrogated Jackson for about two hours,
on video. Jackson was high and woozy during the
interrogation. He said he was not at the shooting.
who is black, told Jackson if he remained silent he would
still be charged with murder. McDaniel told Jackson he would
not receive a fair trial because he is a young black man, and
the biased jury would convict him based on prejudice
regardless of the facts. The officers allegedly lied about
the evidence, falsely claiming multiple witnesses identified
Jackson as the shooter. The officers suggested Harvey
threatened Jackson with a screwdriver and he shot in
self-defense. The officers fed Jackson details and allegedly
pressured him to make false inculpatory statements. During
the interrogation, Jackson showed signs of intoxication and
diminished capacity, including slurred speech and
uncoordinated movements. About two hours and fifteen minutes
after the interrogation began, Jackson collapsed and fell to
the floor. He did not respond to initial revival efforts.
Jackson told responding paramedics he felt dizzy and his head
had hurt for a couple hours. He went to the hospital.
stood trial. The State presented Eibeck's identification
of Jackson and video excerpts of Jackson's interrogation.
The jury convicted him of first-degree murder, and the judge
sentenced him to 65 years in prison.
Jackson claims he had nothing to do with the murder. The
Illinois Appellate Court reversed the conviction, concluding
the police lacked probable cause to arrest Jackson.
People v. Jackson, 22 N.E.3d 526, 542 (Ill.App.Ct.
sued various Defendants for constitutional violations. All
Defendants moved to dismiss. The only claim at issue here is
Count II, which claims the officers coerced a confession in
violation of the Fifth Amendment. The officers moved for
dismissal of Count II based on qualified immunity. The
district court denied that motion. The officers appeal.
threshold issue is whether we have jurisdiction. See In
re Ortiz, 665 F.3d 906, 909 (7th Cir. 2011). We have
jurisdiction over appeals from "final decisions" of
district courts. 28 U.S.C. § 1291. A denial of a motion
to dismiss is generally not immediately appealable because it
is not final. See United States v. Michelle's
Lounge, 39 F.3d 684, 702 (7th Cir. ...