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KENNEDY v. CITY OF CLEVELAND

Nos. 85-3819, 85-3827.

797 F.2d 297 (1986)

Robert E. KENNEDY, Jr.; Joyce Kennedy, Plaintiffs-Appellees, v. CITY OF CLEVELAND, et al., Defendants, William T. Hanton (85-3819), Frank Wszelaki (85-3827), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 30, 1986.

Rehearing Denied August 27, 1986.

Attorney(s) appearing for the Case

Charles T. Riehl, argued, Mary G. Balazs, Walter, Haverfield, Buescher & Chockley, Irving Berger, argued, Asst. Director of Law, Cleveland, Ohio, for defendants-appellants.

Roger D. Heller, Theodore E. Meckler, argued, Christopher D. Stanley, Cleveland, Ohio, for plaintiffs-appellees.

Before ENGEL, KEITH and MILBURN, Circuit Judges.

ENGEL, Circuit Judge.

The Supreme Court in Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985), held that a district court's denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an immediately appealable "final decision" within the meaning of 28 U.S.C. § 12911 notwithstanding the absence of a final judgment. These consolidated appeals...

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