Under Mitchell v. Forsyth, denial of qualified immunity on legal grounds is an appealable collateral order. Johnson v. Jones bars appeal of denials resting on evidentiary sufficiency.
The appeal stays district court proceedings in most circuits.
Alternative Names:
QI Interlocutory Appeal|Immunity Appeal
Why it Matters?
The legal and factual distinction determines appealability, since a denial resting on disputed facts is not appealable while one holding that the established facts violate clearly established law is, which means framing the appeal around the legal question rather than contesting the record is essential. Appeals mischaracterizing factual disputes as legal ones are dismissed. The automatic stay in most circuits is a substantial practical benefit.
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Frequently asked questions
What denials are appealable?
What is the practical benefit?
