Marvin Harris v. Christopher Rosemeier - Dismissed Appeal

4th Circuit Daily Opinions

Filed February 23rd, 2026

Detected February 24th, 2026

Summary

The Fourth Circuit Court of Appeals dismissed an appeal filed by defendants seeking to challenge a district court's denial of qualified immunity. The dismissal was based on the court's lack of jurisdiction, as the denial was predicated on insufficient undisputed facts.

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What changed

The Fourth Circuit Court of Appeals has dismissed an appeal filed by investigators Christopher Rosemeier, Christopher Hilliard, Jonathan Wells, and Charles Taylor, Jr. The appeal sought to challenge the district court's order denying their motion for summary judgment based on qualified immunity. The appellate court found that it lacked jurisdiction because the district court's denial was based on the insufficiency of undisputed facts to render a decision, which is not an immediately appealable order.

This dismissal means the case will proceed in the district court. For legal professionals involved in similar appeals concerning qualified immunity denials based on factual insufficiency, this decision reinforces that such orders are not immediately appealable. There are no compliance deadlines or penalties associated with this specific court action, as it pertains to the procedural handling of an appeal.

Source document (simplified)

UNPUBLISHED UNITED STATES COURT OF AP PEALS FOR THE FOURTH CIRCUIT No. 25 - 1165 MARVIN HARRIS, Plaintiff - Appellee, v. INVESTIGA TOR CHRISTO PHER ROSEME IER; INVESTIG ATOR CHRISTOP HER HILLIA RD; CORP. JONATHAN WELLS; INVE STIGATOR CHARLES TAYL OR, JR., Defendants - Appellants. Appeal from the United States District Court for the Western District of V irginia, at Roanoke. James P. Jones, Senior District Judge. (7:22 - cv - 00582 - JPJ -PMS) Submitted: February 19, 20 26 Decided: February 23, 2026 Before WYNN and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion Rosalie Fessier, Brittany Elizabeth Sh ipley, TIMBERLAKE SMITH, Staunton, Virg inia, for Appell ants. Marvin Harris, Ap pell ee Pro Se. Unpublished opinions are not binding p recedent in this circuit.

2 PER CURIAM: Defendants, Christopher Rosemeier, Christopher H ill i ard, Jonathan Wells, and Charles Taylor, Jr., seek to appeal the district court’s order denying summary judgment based on qualified immunity. This co urt may exercise jurisdiction only ov er final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Benefi cial Indus. Loan Corp., 33 7 U.S. 541, 54 5 - 46 (1949). The order Defendants seek to appeal is neither a final order nor an appealable interlocutor y or collateral order because the district cou rt’s denial of qualified immun ity was based on the lack of sufficient undisputed facts to render a decision. See, e.g., Yates v. Terry, 817 F.3d 877, 882 (4th Cir. 2016) (“[W ] hen a district court d enies a claim of qualified immunity based on the insufficiency of the facts[,] that d etermination is not immediately appealable.”). Accordingly, we dismiss the appeal for lack of ju risdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in th e materials before this court and argument would no t aid the decisional process. DISMISSED