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Behrens Vs. Pelletier
Cites for this judgment
- US Supreme Court
- Feb 21, 1996
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U.S. 299 (1996) October Term, 1995 Syllabus Behrens V. PelletierSearch
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Respondent filed this suit, seeking, inter alia, damages for alleged constitutional wrongs under Bivens v. SixSearch
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and Cohen v. BeneficialSearch
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of summary judgment. Pp. 305-314. (a) The Ninth Circuit's one-interlocutory-appeal rule is rejected. In Mitchell v. ForsythSearch
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petitioner would nonetheless be required to endure discovery and trial on other matters, and (2) that, under Johnson v. JonesSearch
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as amicus curiae urging reversal. 301 JUSTICE SCALIA delivered the opinion of the Court. In Mitchell v. ForsythSearch
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defendant in a complaint that included Bivens damages claims for two alleged constitutional wrongs. See Bivens v. SixSearch
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Pelletier v. FederalSearch
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a denial of qualified immunity is an appealable 'final' order under the test set forth in Cohen v. BeneficialSearch
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Cohen v. BeneficialSearch
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Ibid. See also Puerto Rico Aqueduct and Sewer Authority v. MetcalfSearch
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Eddy, Inc., 506 U. S. 139 , 142-145 (1993) (citing Coopers & Lybrand v. LivesaySearch
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of qualified immunity come within the Cohen category of appealable decisions. As set forth in Harlow v. FitzgeraldSearch
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id., at 818 (citing Procunier v. NavaretteSearch
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Abney v. UnitedSearch
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Mitchell, supra, at 530. See also Johnson v. JonesSearch
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Kaiter v. BoxfordSearch
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final decision.''' Id., at 530. 4 We are aware of only five reported cases-Mitchell itself, Nelson v. SilvermanSearch
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F.2d 417 (CA9 1993), Abel v. MillerSearch
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F.2d 394 (CA7 1990), Francis v. CoughlinSearch
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summary disposition of the appeal, and thereby minimizes disruption of the ongoing proceedings. See, e. g., Chum an v. WrightSearch
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Yates v. ClevelandSearch
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Stewart v. DongesSearch
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Apostol v. GallionSearch
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Carroll v. UnitedSearch
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States, 354 U. S. 394 , 405 (1957). See also Digital Equipment Corp. v. DesktopSearch
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This, he contends, renders the denial unappealable under last Term's decision in Johnson v. JonesSearch
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a determination that there are controverted issues of material fact, see Fed. Rule Civ. Proc. 5 See, e. g., McLaurin v. MortonSearch
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Green v. BrantleySearch
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Di Martini v. FerrinSearch
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Young v. LynchSearch
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De Vargas v. MasonSearch
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Musso v. HouriganSearch
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Scott v. LacySearch
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De Abadia v. IzquierdoSearch
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Tubbesing v. ArnoldSearch
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F.2d 401 , 403-404 (CA8 1984). Only the Third Circuit holds otherwise. See Prisco v. UnitedSearch
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Cobbledick v. UnitedSearch
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See Cohen v. BeneficialSearch
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Coopers & Lybrand v. LivesaySearch
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will not likely force an appellate court to consider the same (or quite similar) questions more than once. Johnson v. JonesSearch
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Midland Asphalt Corp. v. UnitedSearch
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Syllabus Behrens V. PelletierSearch
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Bivens v. SixSearch
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In Mitchell v. ForsythSearch
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Johnson v. JonesSearch
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