SCOTT v. LACY

No. 87-1101.

811 F.2d 1153 (1987)

Don E. SCOTT, Plaintiff-Appellee, v. Alex B. LACY, Jr., et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 17, 1987.


Attorney(s) appearing for the Case

John L. Morel, Dunn, Goebel, Ulbrich, Morel & Hundman, Bloomington, Ill., for defendants-appellants.

Verne H. Evans, Long, Rabin & Young, Ltd., Springfield, Ill., for plaintiff-appellee.

Before COFFEY, FLAUM and EASTERBROOK, Circuit Judges.


PER CURIAM.

The motion to dismiss this interlocutory appeal presents a question reserved in Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 2812 n. 5, 86 L.Ed.2d 411 (1985) — whether public officials may appeal immediately the rejection of their defense of immunity from liability in damages, when a claim for an injunction is pending and will be tried no matter the outcome of the appeal. This question has divided the...

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