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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- JOHNSON et al. v. JONES
- certiorari to the united states court of appeals for
- the seventh circuit
- No. 94-455. Argued April 18, 1995-Decided June 12, 1995
-
- Respondent Jones brought this -constitutional tort- action under 42
- U. S. C. 1983 against five named policemen, claiming that they
- used excessive force when they arrested him and that they beat him
- at the police station. As government officials, the officers were
- entitled to assert a qualified immunity defense. Three of them (the
- petitioners here) moved for summary judgment arguing that, what-
- ever evidence Jones might have about the other two officers, he
- could point to no evidence that these three had beaten him or had
- been present during beatings. Holding that there was sufficient
- circumstantial evidence supporting Jones's theory of the case, the
- District Court denied the motion. Petitioners sought an immediate
- appeal, arguing that the denial was wrong because the evidence in
- the pretrial record was not sufficient to show a ``genuine'' issue of
- fact for trial, Fed. Rule Civ. Proc. 56(c). The Seventh Circuit held
- that it lacked appellate jurisdiction over this contention and dis-
- missed the appeal.
- Held: A defendant, entitled to invoke a qualified immunity defense,
- may not appeal a district court's summary judgment order insofar as
- that order determines whether or not the pretrial record sets forth
- a -genuine- issue of fact for trial. Pp. 3-14.
- (a) Three background principles guide the Court. First, 28
- U. S. C. 1291 grants appellate courts jurisdiction to hear appeals
- only from district courts' -final decisions.- Second, under Cohen v.
- Beneficial Industrial Loan Corp., 337 U. S. 541, and subsequent
- decisions, a so-called ``collateral order'' amounts to an immediately
- appealable -final decisio[n]- under 1291, even though the district
- court may have entered it long before the case has ended, if the
- order (1) conclusively determines the disputed question, (2) resolves
- an important issue completely separate from the merits of the
- action, and (3) will be effectively unreviewable on appeal from the
- final judgment. Third, in Mitchell v. Forsyth, 472 U. S. 511, 528,
- this Court held that a district court's order denying a defendant's
- summary judgment motion was an immediately appealable -collater-
- al order- (i.e., a -final decision-) under Cohen, where (1) the defen-
- dant was a public official asserting a qualified immunity defense,
- and (2) the issue appealed concerned, not which facts the parties
- might be able to prove, but, rather, whether or not certain given
- facts show a violation of -clearly established- law. Pp. 3-7.
- (b) Orders of the kind here at issue are not appealable for three
- reasons. First, considered purely as precedent, Mitchell itself does
- not support appealability because the underlying dispute therein
- involved the application of -clearly established- law to a given (for
- appellate purposes undisputed) set of facts, and the Court explicitly
- limited its holding to appeals challenging, not a district court's
- determination about what factual issues are -genuine,- but the
- purely legal issue what law was -clearly established.- Second,
- although Cohen's conceptual theory of appealability finds a -final-
- district court decision in part because the immediately appealable
- decision involves issues significantly different from those that
- underlie the plaintiff's basic case, it will often prove difficult to find
- any such -separate- question where a defendant simply wants to
- appeal a district court's determination that the evidence is sufficient
- to permit a particular finding of fact after trial. Finally, the com-
- peting considerations underlying questions of finality-the inconve-
- nience and costs of piecemeal review, the danger of denying justice
- by delay, the comparative expertise of trial and appellate courts,
- and the wise use of appellate resources-argue against extending
- Mitchell to encompass orders of the kind at issue and in favor of
- limiting interlocutory appeals of -qualified immunity- matters to
- cases presenting more abstract issues of law. Pp. 7-12.
- (c) Neither of petitioners' arguments as to why the Court's effort
- to separate reviewable from unreviewable summary judgment
- determinations will prove unworkable-that the parties can easily
- manipulate the Court's holding and that appellate courts will have
- great difficulty in accomplishing such separation-presents a prob-
- lem serious enough to require a different conclusion. Pp. 12-14.
- 26 F. 3d 727, affirmed.
- Breyer, J., delivered the opinion for a unanimous Court.
-