DIANE P. WOOD, Circuit Judge.
The Supreme Court held in Johnson v. Jones, ___ U.S. ___, 115 S.Ct. 2151, 132 L.Ed.2d 238 (1995), that government officials who have asserted a qualified immunity defense in a "constitutional tort" action are not entitled to an immediate appeal of a district court order denying summary judgment on that basis if the order is based on the existence of genuine issues of fact that require a trial. Conversely, in Behrens v. Pelletier...
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