No. 94-1244.

516 U.S. 299 (1996)


United States Supreme Court.

Decided February 21, 1996.

Attorney(s) appearing for the Case

Lenard G. Weiss argued the cause for petitioner. With him on the briefs was Christine A. Murphy.

Cornelia T. L. Pillard argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Solicitor General Days, Assistant Attorney General Hunger, Deputy Solicitor General Bender, Barbara L. Herwig, and Richard A. Olderman.

Samuel T. Rees, by appointment of the Court, 515 U.S. 1101, argued the cause for respondent. With him on the brief was Michael J. White.*

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, Souter, Thomas, and Ginsburg, JJ., joined. Breyer, J., filed a dissenting opinion, in which Stevens, J., joined, p. 314.

Justice Scalia, delivered the opinion of the Court.

In Mitchell v. Forsyth, 472 U.S. 511 (1985), we held that a district court's rejection of a defendant's qualified-immunity defense is a "final decision" subject to immediate appeal under the general appellate jurisdiction statute, 28 U. S. C. § 1291. The question presented in this case is whether a defendant's immediate...

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