In Culosi v. Bullock, No. 09-1042, the Fourth Circuit faced a challenge by a police officer, whose motion for summary judgment on the ground of qualified immunity, for the fatal shooting of an optometrist being investigated for gambling offenses, was denied by the district court.
As stated in the decision: "It is clear that the district court found that whether the death of Dr. Culosi was the result of intentional force willfully applied by Officer Bullock, or an accident, was a factual issue for the jury at trial."
Thus, in affirming the denial, the court held that it lacked the jurisdiction to consider defendant's interlocutory appeal. Furthermore, the court affirmed dismissal of of all claims against all defendants other than the defendant-officer under the Rule 54(b).