HALLORAN v. STATE

No. 97-607-Appeal.

729 A.2d 709 (1999)

Paul J. HALLORAN, individually and as parent and next friend of Patrick J. Halloran and April Halloran v. STATE of Rhode Island, DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES et al.

Supreme Court of Rhode Island.

May 27, 1999.


Attorney(s) appearing for the Case

Paula Lynch Hardiman, Providence, for Plaintiff.

James R. Lee, Providence, for Defendants.

Present WEISBERGER, C.J., and LEDERBERG, BOURCIER, FLANDERS, and GOLDBERG, JJ.


This appeal concerns the defense of qualified immunity. Specifically, how and when can a government litigant seek appellate review of a pretrial order rejecting this defense as grounds for dismissal of the action? For the reasons described below, we hold that a litigant seeking such review cannot obtain it by an appeal from the denial of a motion to dismiss a complaint, but only through a petition for a writ of certiorari from the denial of a summary-judgment motion.

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