FIELDS v. WHARRIE

No. 13-1195.

740 F.3d 1107 (2014)

Nathson FIELDS, Plaintiff-Appellee, v. Lawrence WHARRIE and David Kelley, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 23, 2014.


Attorney(s) appearing for the Case

Molly E. Armour , Attorney, Law Office of Molly Armour, Leonard Goodman , Attorney, H. Candace Gorman , Attorney, Chicago, IL, for Plaintiff-Appellee.

Stephen L. Garcia , Attorney, Office of the Cook County State's Attorney, Chicago, IL, for Defendants-Appellants.

Before POSNER, FLAUM, and SYKES, Circuit Judges.


POSNER, Circuit Judge.

Before us are appeals by two Illinois prosecutors, Wharrie and Kelley, who claim absolute immunity from being sued by Nathson Fields under 42 U.S.C. § 1983. Appeals from denial of immunity, though interlocutory because the case against them remains pending in the district court, are immediately appealable provided that, as in this case, the claim (in this case claims) of immunity depends on an issue of law rather than one of fact. Mitchell...

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