Page:Tenorio v Pitzer 10th Circuit.pdf/3

 Although the district court denied summary judgment and has not entered a final judgment, "we have interlocutory jurisdiction over denials of qualified immunity at the summary judgment stage to the extent that they turn on an issue of law." Romero v. Story, 672 F.3d 880, 882 (10th Cir. 2012) (brackets and internal quotation marks omitted). We reduce the question before us to one of law by accepting the district court's assessment of the facts, which was based on the parties' agreement on undisputed facts and the court's construing the remaining evidence in the light most favorable to Tenorio. See id. at 882–83. Indeed, on an interlocutory appeal from the denial of a summary-judgment motion based on qualified immunity, we are almost always barred from reviewing whether the district court erred in determining that an alleged fact was supported by sufficient evidence. See id. at 883; Lewis v. Tripp, 604 F.3d 1221, 1225−26 (10th Cir. 2010) (noting the exceptions).

The district court's opinion set forth the following facts: On November 11, 2010, at 7:56 p.m., a 911 operator received a call from Hilda Valdez, who told the operator, "I need someone to come over here right away." Aplt. App. at 204 (internal quotation marks omitted). Ms. Valdez reported that her sister-in-law's husband, later identified as Tenorio, was intoxicated and holding a knife to his own throat. She said that she was afraid that Tenorio would hurt himself or his wife Michaele. Officers Moore, Hernandez, and Liccione were dispatched in response to the call, and Pitzer also responded. The 911 operator relayed some of the information provided by 3