Behrens v. Pelletier

Infobox SCOTUS case
Litigants=Behrens v. Pelletier
ArgueDate=November 7
ArgueYear=1995
DecideDate=February 21
DecideYear=1996
FullName=Behrens v. Pelletier
USVol=516
USPage=299
Citation=
Prior=
Subsequent=
Holding=A defendant's immediate appeal of an unfavorable qualified-immunity ruling on a motion to dismiss does not deprive the court of appeals of jurisdiction over a second appeal, also based on qualified immunity, immediately following denial of summary judgment.
SCOTUS=1994-2005
Majority=Scalia
JoinMajority=Rehnquist, O'Connor, Kennedy, Souter, Thomas and Ginsburg
Dissent=Breyer
JoinDissent=Stevens
LawsApplied=

"Behrens v. Pelletier", ussc|516|299|1996 was a case decided by the United States Supreme Court, in which the court held a defendant's immediate appeal of an unfavorable qualified immunity ruling on a motion to dismiss does not deprive the court of appeals of jurisdiction over a second appeal, also based on qualified immunity, immediately following denial of summary judgment.

Background

The Federal Home Loan Bank Board fired Robert Pelletier (Plaintiff) as the provisional managing officer of Pioneer Savings and Loans Associations after the agent responsible for monitoring Pioneer’s operations, John Behrens (Defendant), recommended such action. The basis of Behrens recommendation was an investigation involving the collapse of another financial institution, and possible misconduct by Pelletier. Pelletier filled suite arguing wrongfully termination, and John Behrens claimed he was acting on behalf of the government and therefore was he was entitled to qualified immunity. [http://www.quimbee.com/quimbee/case_detail/Behrens%20v.%20Pelletier/463]

Issue

At issue is if a defendent's initial appeal for qualified immunity is unfavorable, does this ruling deprive the court of appeals jurisdiction of over a subsequent appeal based on the same claim, i.e., qualified immunity.

External Links

*http://www.quimbee.com
*http://docs.justia.com/cases/supreme/516/299.pdf
*http://bulk.resource.org/courts.gov/c/F3/130/130.F3d.429.94-56507.html

See also

List of United States Supreme Court cases, volume 516