GREEN v. BRANTLEY

No. 89-8150.

895 F.2d 1387 (1990)

John E. GREEN, Plaintiff-Appellee, v. J. Kenneth BRANTLEY, Edgar V. Lewis, Craig R. Smith, Garland P. Castleberry, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 8, 1990.


Attorney(s) appearing for the Case

James R. Schulz, Asst. U.S. Atty., Atlanta, Ga., Barbara L. Herwig, Appellate Staff, Civil Div., Wendy M. Keats, Dept. of Justice, Washington, D.C., for defendants-appellants.

Gerald Cunningham, Office of Gerald Cunningham, Atlanta, Ga., for plaintiff-appellee.

Before VANCE and KRAVITCH, Circuit Judges, and LYNNE, Senior District Judge.


VANCE, Circuit Judge:

This is an interlocutory appeal of the denial of a motion for summary judgment on the ground of qualified immunity. 719 F.Supp. 1570 (N.D.Ga.1989). Defendants allege appellate jurisdiction under 28 U.S.C. § 1291, citing Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). We conclude that Mitchell does not apply and dismiss the appeal...

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