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JOHNSON v. FANKELL

No. 96-292.

520 U.S. 911 (1997)

117 S.Ct. 1800

138 L.Ed.2d 108

JOHNSON et al. v. FANKELL

Supreme Court of United States.

Decided June 9, 1997.

Attorney(s) appearing for the Case

Michael S. Gilmore, Deputy Attorney General of Idaho, argued the cause for petitioners. With him on the briefs were Alan G. Lance, Attorney General, David G. High, Chief Deputy Attorney General, and Margaret R. Hughes, Deputy Attorney General.

W. B. Latta, Jr., argued the cause for respondent. With him on the brief was Eric Schnapper.*

Stevens, J., delivered the opinion for a unanimous Court.

Justice Stevens, delivered the opinion of the Court.

The question presented is whether defendants in an action brought under Rev. Stat. § 1979, 42 U. S. C. § 1983, in state court have a federal right to an interlocutory appeal from a denial of qualified immunity. We hold that they do not.

I

Petitioners are officials of the Idaho Liquor Dispensary. Respondent, a former liquor store clerk, brought...

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