The #9thCir clarified its law on appealing the Bivens question as part of a #QualifiedImmunity appeal: it can be done, and it doesn't require pendent appellate jurisdiction.
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https://finaldecisions.org/the-ninth-circuit-on-qualified-immunity-appeals-the-bivens-question-and-pendent-appellate-jurisdiction
Final DecisionsThe Ninth Circuit on Qualified-Immunity Appeals, the Bivens Question, and Pendent Appellate Jurisdiction - Final DecisionsThe Ninth Circuit definitively held that the Bivens question is within the scope of qualified-immunity appeals, rejecting pre-Wilkie cases that said otherwise.