JANE B. STRANCH, Circuit Judge.
Plaintiff Mustapha Younes brought this civil rights action under 42 U.S.C. § 1983 alleging violations of his constitutional rights and raising Michigan state law claims. The alleged violations occurred during his arrest by defendants Officer Timothy Ciochon, Officer Christopher Pellerito, and Sergeant Joanne Beedle-Peer (collectively, "the officers"). The officers appeal the district court's order denying them qualified immunity and state law governmental immunity. They fail to concede the most favorable view of the facts to Younes on the qualified immunity issue and also fail to demonstrate that no genuine issues of material fact remain on the state law governmental immunity issues. We therefore dismiss the qualified immunity appeal for lack of jurisdiction, and affirm the denial of summary judgment on the state law claims.
On the evening of June 9, 2010, the officers were on duty with the City of Dearborn Heights police department. The following facts, as described by the district court, are not in dispute:
R. 34, D. Ct. Order, Page ID 729 (citations omitted). From this point on, the parties' accounts of what occurred diverge. The district court laid out Younes's account as follows:
R. 34, D. Ct. Order, Page ID 730-31 (citations omitted).
Another of Younes's neighbors, Paula Kania, witnessed the incident. She testified that she saw two male police officers strike Younes, one punching him and one kicking him, and that after beating him up, the officers drove off and Younes got up and walked away.
The officers' account of the incident differs substantially from Younes's. According to their account, Sergeant Beedle-Peer first spoke to Yassine when she arrived on the scene and Yassine told her that Younes was an alcoholic. Sergeant Beedle-Peer then walked over to Younes's property where he was sitting on his front porch and asked him if he had gone onto Yassine's property. He did not respond and appeared angry. Sergeant Beedle-Peer testified that Younes attempted to stand up, but was unsteady on his feet and that when she asked him if he had been drinking he again failed to respond. While she was speaking with Younes, Officers Ciochon and Pellerito arrived. According to Officer Ciochon, Sergeant Beedle-Peer waved them over to the porch, telling them to quickly get up to the house. The three officers testified that Younes's breath smelled of alcohol, though Officer Ciochon said that he did not see a bottle.
The three officers and the neighbor who called the police, Yassine, testified that Younes lunged at Officer Beedle-Peer and that Officers Pellerito and Ciochon then took him to the ground and arrested him. Sergeant Beedle-Peer attested that while she never touched Younes, she did not recall if she had assisted in pulling him to the ground. Officer Ciochon testified that Sergeant Beedle-Peer was standing on the ground in front of the porch and that he and Officer Pellerito had to go up on the porch to bring Younes to the ground after Younes lunged at Sergeant Beedle-Peer because Younes stayed on the porch behind the railing and refused to come down.
According to the officers' account, they arrested Younes, put him in Officer Ciochon and Pellerito's patrol car, and drove directly to the police station. Younes hit the front of his head against the rear cage of the patrol car multiple times during the drive. The patrol car video confirms that
Younes also submitted evidence of his medical records from the incident. These note a closed head injury, jaw and foot/ankle contusions, and a hand fracture. Younes also saw a dentist for a broken tooth he claimed was related to this incident. Subsequent medical examinations have shown persistent symptoms "suggestive of impaired consciousness."
Younes brought suit against the officers and the City of Dearborn Heights under 42 U.S.C. § 1983. The complaint alleged that the officers violated Younes's constitutional rights by arresting him without probable cause and using excessive force. The complaint also brought state claims for false arrest, false imprisonment, malicious prosecution, battery, and gross negligence. The defendants filed a motion for summary judgment on the basis of qualified immunity for the constitutional claims and governmental immunity for the state law claims. The district court granted summary judgment on the state law claims of gross negligence as to the officers and battery as to Sergeant Beedle-Peer. It denied summary judgment on the other claims, finding that genuine issues of material fact remained. The officers appeal the denials of immunity.
This appeal comes to us prior to resolution of all claims in the litigation. It challenges the district court's rulings regarding two distinct defenses—qualified immunity from liability under § 1983 and state law governmental tort immunity. Because final judgment has not been entered below, our jurisdiction over the § 1983 qualified immunity defense arises under the collateral order doctrine and depends upon the existence of "neat abstract issues of law," as distinct from factual disputes. Phillips v. Roane Cnty., 534 F.3d 531, 538 (6th Cir.2008) (internal quotation marks omitted) (observing that to the extent the defendant's arguments contest the plaintiff's version of the facts, we lack appellate jurisdiction). Because the denial of state law governmental tort immunity is a final order under Michigan law, we have appellate jurisdiction over an interlocutory appeal from the district court's denial of the defense of state law immunity. Bennett v. Krakowski, 671 F.3d 553, 560 (6th Cir.2011). For Younes's pendent state law claims, therefore, we evaluate the propriety of denying a summary judgment motion asserting state governmental tort immunity by applying the substantive law of Michigan and our own procedural law. See Smith v. Cnty. of Lenawee, 600 F.3d 686, 690 (6th Cir.2010).
The collateral order doctrine provides this court with jurisdiction to hear an interlocutory appeal of a denial of qualified immunity. See Chappell v. City of Cleveland, 585 F.3d 901, 905 (6th Cir.2009). It applies only to the extent that the denial was based on "pure questions of law." Leary v. Livingston Cnty., 528 F.3d 438, 447-48 (6th Cir.2008). "A defendant challenging a denial of summary judgment on qualified immunity grounds must be willing to concede the most favorable view of the facts to the plaintiff for purposes of the appeal." Thompson v. Grida, 656 F.3d 365, 367 (6th Cir.2011) (internal quotation marks omitted). Where a defendant relies instead on her own disputed view of the facts, "the appeal boils down to issues of fact and credibility determinations that we cannot make." Id. In such cases, we lack jurisdiction. Id.
There is one limited exception to the requirement that a defendant seeking qualified immunity must concede the plaintiff's factual account-the plaintiff's account can be disregarded where the evidence is "`so utterly discredited by the record' as to be rendered a `visible fiction.'" Chappell, 585 F.3d at 906 (quoting Scott v. Harris, 550 U.S. 372, 380-81, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007)). In Harris the plaintiff's account was totally discredited because it was contradicted by video evidence of the incident.
The officers also contend that the district court failed to assess the individual liability of each officer. The district court dismissed the state law claim of battery against Sergeant Beedle-Peer but Officers Ciochon and Pellerito nonetheless challenge
Despite claiming otherwise, the officers failed to satisfy the jurisdictional requirement to appeal a denial of qualified immunity that they must concede the most favorable view of the facts to Younes. We are left with "precisely the sort of factual dispute over which this Court lacks jurisdiction." Thompson, 656 F.3d at 368.
This court has jurisdiction over an interlocutory appeal of a denial of governmental immunity under Michigan law. Bennett, 671 F.3d at 560. We review a denial of governmental immunity on a motion for summary judgment de novo and "view all facts in a light most favorable to the non-moving party and draw inferences in favor of the non-movant. We apply Michigan governmental immunity law and federal procedural law to the issue." Smith, 600 F.3d at 690 (6th Cir.2010) (internal citations omitted). Thus, where a plaintiff has "made a sufficient showing to create a genuine issue of fact" summary judgment is precluded. Bennett, 671 F.3d at 562.
Here, the district court applied the proper legal standard—drawn from the Michigan Supreme Court—noting that:
R. 34, D. Ct. Order, Page ID 740 (quoting Bletz v. Gribble, 641 F.3d 743, 757 (6th Cir.2011)). The officers' appeal of the state law claims, including whether their conduct was in good faith, relies on the same disputed facts as the qualified immunity claims. (Appellant's Brief, p. 29-31). Having determined that genuine issues of material fact remain, the district court properly denied summary judgment on those claims.
For the above reasons, we DISMISS for lack of jurisdiction the officers' appeal of the district court's denial of the qualified immunity, AFFIRM the district court's denial of governmental immunity, and REMAND to the district court to proceed with trial.