Mohamed v. Jones, No. 22-1453 (10th Cir. 2024)
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A prisoner, Khalfan Khamis Mohamed, alleged that officials from the Federal Bureau of Prisons (BOP) beat him while others watched. He brought claims under the Eighth Amendment for excessive force and failure to intervene, arguing that the BOP officials' actions gave him a cause of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. The BOP officials moved to dismiss the claims, arguing that Bivens did not extend to Mohamed's claims. The district court denied their motion.
The BOP officials appealed the district court's decision, seeking interlocutory review. However, the United States Court of Appeals for the Tenth Circuit dismissed the appeal for lack of jurisdiction. The court found that the BOP officials had not shown that the district court's order extending Bivens to Mohamed's Eighth Amendment excessive force and failure to intervene claims qualified for interlocutory review under the collateral order doctrine. The court noted that the BOP officials bore the burden of establishing the court's appellate jurisdiction and had failed to convince the court to create an exception to the final judgment rule for all district court orders extending a Bivens remedy. The court also noted that the BOP officials had not shown that Bivens extension orders were effectively unreviewable after final judgment and therefore had not satisfied the third Cohen factor.
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